Big rigs in Austin haul massive cargo loads every day, contributing to the local economy. But the large size and weight of a big rig also means that even a slight negligence on part of the truck driver or trucking company can result in catastrophic injuries or wrongful death for the victims. After the big rig accident the path for victims and their families in Austin requires navigating a complex insurance process and proving fault of the negligent parties which is rarely easy.
Click the Number Below to Call Austin Big Rig Accident Lawyers
Big rig companies have powerful legal departments and their insurance companies are determined not to pay out on the high-value liability insurance claims. At Miller Weisbrod Olesky, our experienced and resourceful Austin big rig accident lawyers specialize in these cases and have a proven record of recovering millions of dollars in damages for the injured victims. We will not charge you any upfront fee, and you don’t have to pay us anything unless we win financial compensation for you through a settlement or court verdict.
Our Truck Accident attorneys are led by Clay Miller who is Board-Certified in Personal Injury Trial Law. Less than 3% of all Texas attorneys have achieved board certification and less than that have a personal injury trial law board certification which required numerous jury trials and the passing a rigorous exam in the specialty.
Interstate 35
A commercial Big Rig was traveling on Interstate 35 through Austin when it veered into our client's lane of traffic. The Austin Big Rig Accident Attorneys of Miller Weisbrod Olesky held the trucking company responsible for deaths of 2 people from Mexico.
$300,000 for big rigs up to 10,000 pounds that don’t haul hazardous cargo
$750,000 for big rigs weighing 10,001 pounds or more that don’t haul hazardous cargo
$1 million for big rigs that haul oil
$5 million for big rigs that haul hazardous cargo other than oil
It’s noteworthy that in big rig accident cases in Austin, the burden of proof lies on the injured victim or the family of the person killed in a wrongful death accident. Our Austin big rig accident lawyers will move quickly and aggressively to collect the evidence from the crash site as well as the big rig’s black box data and trucking company records, hire accident reconstructionist experts and other case experts, and negotiate aggressively with the defendants while remaining fully prepared to take your case to trial for the largest possible damages for you and your family.
The Role Of Accident Reconstructionists In Proving Liability In An Austin Big Rig Accident
Accidents involving big rigs in Austin can result in catastrophic personal injury and wrongful death due to their massive size and weight. Determining liability in such cases often requires a comprehensive investigation and analysis of the accident scene. This is where accident reconstructionists play a pivotal role.
Through their expertise in applying scientific principles and advanced techniques, accident reconstructionists can provide valuable insights into the events leading to the accident. At Miller Weisbrod Olesky, our Austin big rig accident lawyers will work closely with accident reconstructionists to establish liability of the trucking company and other at-fault parties in your accident case, so you and your family receive maximum compensation for your injuries and losses.
What is Big Rig Accident Reconstruction?
Accident reconstruction following a big rig crash is a meticulous process that involves examining physical evidence, reconstructing the sequence of events, and analyzing data to determine how and why the accident occurred. In the case of big rig accidents, accident reconstruction experts utilize their expertise in engineering, physics, and vehicle dynamics to unravel the complexities of the incident.
Why We Hire Accident Reconstructionists to Prove Liability in a Truck Accident?
Big rig accident reconstruction experts possess specialized knowledge and training in various areas such as vehicle mechanics, human factors, and collision dynamics. This expertise allows them to examine critical elements like vehicle speed, braking, steering, and reaction times. By studying tire marks, vehicle damage, and other evidence, these experts can calculate factors like impact angles and forces involved in the accident.
Data Collection and Analysis: When we hire Accident reconstruction experts in truck accident lawsuit, they collect a wide range of data from multiple sources to reconstruct the accident accurately. This includes analyzing police reports, witness statements, photographs, video footage, and vehicle data recorders (black boxes). They may also employ laser scanning technology, 3D modeling, and computer simulations to create a virtual reconstruction of the accident scene.
Determining Driver Error: Accident reconstruction experts in big rig accident investigation evaluate the actions of the big rig driver leading up to the accident. They examine factors such as driver distraction, fatigue, impairment, or violations of traffic laws. By reconstructing the driver's behavior, including speed, lane changes, and braking patterns, they can determine if any negligent actions on the part of the driver contributed to the accident.
Vehicle Inspection and Maintenance: Big rig accident reconstruction experts also scrutinize the maintenance records and inspection history of the big rig involved in the accident. They assess factors such as brake condition, tire quality, steering components, and lighting systems. By identifying any mechanical failures or deficiencies, they can establish if inadequate maintenance or equipment failure played a role in your accident.
Factors Beyond Driver Error: Big rig accident reconstruction specialists recognize that trucking companies can be held liable for the actions of their drivers. They investigate whether factors such as unrealistic delivery schedules, inadequate training, improper loading, or violation of regulations contributed to the accident. These elements are essential to establishing the trucking company's liability and negligence.
Expert Testimony and Big Rig Accident Lawsuits: Accident reconstruction experts can provide expert testimony in court proceedings. Their objective analysis and presentation of technical evidence can be instrumental in helping judges and juries understand the intricacies of the accident. By explaining the scientific principles involved and their conclusions based on the evidence, they strengthen our case against the trucking company and assist in proving liability so we can obtain compensation for your injuries.
Our Austin big rig accident attorneys at Miller Weisbrod Olesky have a strong network of accident reconstruction experts and other experts to assist with investigating your accident case and proving liability of the defendants. The moment you sign up with us, we immediate begin mobilizing our resources and network of experts to piece together all available evidence and build a solid case for maximum financial compensation for you and your family.
How Trucking Companies in Austin Commit Hours of Service (HOS) Violations and How Our Lawyers will Prove It
Big rig carriers in Austin and elsewhere in Texas are driven by the sole motive of profit maximization even if it comes at the cost of safety of others on the road. They may violate the federal Hours of Service (HOS) regulations, which could result in driver fatigue, distraction, drowsiness, or other dangerous driving behaviors, leading to devastating accidents. Our Austin big rig accident attorneys will investigate and prove:
Did the trucking company set over-ambitious schedules for the big rig driver to meet delivery deadlines, forcing them to unofficially exceed their mandatory hours of service?
Did the trucking company have bonus or incentive policies based on meeting unrealistic delivery goals, which motivate the big rig driver to drive past the service hours while lying on the logs?
Did the trucking company incentivize the big rig driver on “per load” basis, motivating them to work excessively off the clock to earn more by delivering more loads?
Did the trucking company intentionally turn a blind eye to or even favor such big rig drivers that regularly bend the hours of service rules over others that don’t?
Did the trucking company have HR policies that directly or indirectly undermine big rig drivers who refuse to violate the mandatory hours of service rules or even retaliate against such drivers?
Even when the driver’s log books are falsified, our experienced Austin big rig accident lawyers and investigators at Miller Weisbrod Olesky will find evidence to prove Hours of Service violations in the following ways:
Driver’s Logs: Big rig drivers are required to maintain proper logbooks to record every trip and every delivery they make. Even if these logs have been faked, our lawyers will perform deep analytics to identify inaccuracies to show that the logs have been doctored.
Engine Control Module: The big rig’s event data recorder (EDR) or “black box” includes the engine control module (ECM), which electronically records the driver’s logs. It’s difficult to fake these records, and lawyers will secure this data before it can be destroyed.
Computer Systems: Big rigs in Austin usually have a computer system, such as Qualcomm installed, which will include a range of tracking data. We will compare this data with the driver’s logbooks and ECM data to find discrepancies.
Bills of Lading: Bill of lading is the key shipping document, which can show the precise location of the big rig driver at a specific time. If the records of various bills of lading do not match with the driver’s logs, we can prove that the records are falsified.
Receipts & Tickets: Toll booth tickets, gas station receipts, weigh station records, and food and drink bills can also pinpoint the big rig driver’s location at a given time, which may contradict the big rig driver’s logbooks.
Trucking Company’s Negligence in Maintaining the Brakes and Safety Devices in the Big Rig
Our big rig accident lawyers in Austin will investigate and prove if brake failure due to poor maintenance of the 80,000-pound big rig led to your accident and injuries. The FMCSA mandates under rule 49 CFR 393.51 that every big rig must be equipped with a warning system such as a dashboard warning light or a pressure gauge that alerts the driver to brakes failure.
The FMCSA rules also require the trucking company to ensure compliance with regulations regarding brakes inspections, repairs, maintenance and service of big rigs. The trucking company has the responsibility to ensure that the brake inspectors and maintenance providers meet the minimum qualifications, training and experience as mandated by the FMCSA.
According to the rule 49 CFR 393.42 (b), brakes of a big rig must be operable at all times on all the wheels (barring limited exceptions). Requirements for coupling devices (that connect the tractor to the trailer) are specified in 49 CFR Sections 393.70 and 393.71. Our attorneys are well-versed with these regulations to identify violations and prove the liability of the truck driver, trucking company, maintenance company and other negligent parties that contributed to your accident and injuries in Austin.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Austin Big Rig Accident Lawyers will explore every possibility to increase your financial compensation and hold all the negligent parties liable for damages. Once you have us on your side, we will move aggressively to obtain truck data recorder evidence, driver logs, witness information, and evidence from the crash site in order to build a strong claim for damages, while you and your family can focus on your recovery.
We will fight to make sure you get all financial compensation you deserve through settlement against the responsible trucking company and their insurers or take your case to trial with through preparation of evidence and a winning legal strategy if they fail to pay you the money you are owed. Schedule your free consultation with our legal team today. Our proven record of success in obtaining substantial settlements and verdicts for our injured clients speaks for itself.
Meet The Leader In Truck Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Truck Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding trucking companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of trucking laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Truck Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.
Our truck accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Miller Weisbrod Olesky Austin Big Rig Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
