Large commercial motor vehicles (CMVs) in Austin can weigh up to 80,000 pounds when loaded, and some of them can be as long as 70 to 80 feet. Clearly, getting into an accident with vehicles of this size has the potential to cause catastrophic injuries or even death of the victims. When trucking companies act negligently and with little regard for the safety of others, they should be held accountable.
Click the Number Below to Call Austin Commercial Vehicle Accident Attorneys
At Miller Weisbrod Olesky, our Austin commercial vehicle accident attorneys are committed to protect the rights of the injured victims and families that may have lost a loved one in a truck crash. In these cases, multi-million dollar damages and losses are often involved. We have the resources, experience, and a proven record of taking on powerful defendants to get you the largest possible compensation 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.
A commercial truck driver for the largest milk hauler in the United States fell asleep at the wheel, causing a wreck that killed our client. Miller Weisbrod Olesky's Commercial Vehicle Accident Lawyers obtained $5.8 Million Dollars for our client's family.
What Steps You Should Take After a Commercial Vehicle Accident in Austin?
Getting into an accident with a large commercial vehicle can be overwhelming, but if your medical condition permits, you should be prepared to take the following steps in the immediate aftermath:
Move to a Safe Location: Do not leave the accident scene, but if you are able to walk, move to a safe location as far as possible on the roadside. Stay calm and avoid any argument with the trucker.
Call 911: Make an emergency call to 911 and inform your location to the dispatcher. If you are not in a position to call yourself, ask someone who can.
Make sure to wait for the Police to come to the scene: Many commercial vehicle drivers will try to convince you the police are not needed, and you can just exchange information. Do not fall for this trick. While you do want to obtain the contact information of the commercial vehicle driver, note down their license plate number, and request the contact details of any potential eyewitnesses at the crash site, you also want the police to make a report. This will help prevent the commercial truck or van driver from changing their story later on.
Photos & Videos: Use your cell phone or another mobile device to take pictures and videos of the accident scene, including the damaged vehicles, your injuries, and the surroundings.
(Learn More about taking accident photos)
Visit the ER: Even if you feel your injuries are minor or you are feeling fine, you need to get an urgent medical evaluation because some injuries may manifest only later. Do not be worried about receiving an ambulance or ER hospital bill, we can make sure these are taken care of out of any settlement.
Inform the Insurance Company: Call your insurance company to report the accident, but do not give any subjective opinion on your injuries, pain and suffering, and do not admit fault. Stick to the bare facts about your accident.
Call Our Attorneys: Click here to Make a call to our Austin commercial vehicle accident attorneys as soon as possible. We will immediately move to get you the medical help you need, provide you a free consultation, and if you agree, represent you legally for maximum damages from the insurance company while you focus on your recovery. We can immediately begin gathering the evidence needed to win your legal case.
Preserving Evidence In Commercial Vehicle Accidents In Austin
When it comes to commercial vehicle accidents in Austin, the preservation of evidence plays a critical role in establishing liability. While federal trucking safety regulations set guidelines for record retention, some trucking companies may attempt to destroy evidence immediately following an accident to evade responsibility. It’s crucial to understand the laws surrounding evidence preservation and explore strategies to prevent the loss of vital information in commercial vehicle accident cases in Austin.
The Federal Motor Carrier Safety Administration (FMCSA) has created truck safety laws that require commercial motor vehicle carriers to retain specific records for designated periods. For instance, truck driver logs, which document their hours of service, must be preserved for at least six months. With that said, records of alcohol test results indicating a blood alcohol concentration of 0.02 or higher, as well as positive test results, must also be saved.
In addition, commercial vehicle carriers in Austin are also required to maintain entry-level driver training certificates for the truck driver's duration of employment and for one year thereafter. Moreover, commercial motor vehicle drivers must carry a copy of their record of duty for the past seven days while on duty, ensuring accessibility for inspection if necessary.
Spoliation Letters and Temporary Restraining Orders (TRO) in Austin CMV Accident Cases to Preserve Evidence
Despite the federal and state regulations, some Austin trucking companies may disregard their obligations and eliminate evidence quickly after an accident to conceal their liability. Among the evidence that may be relevant in accidents involving large commercial trucks is the data from GPS or black box devices that most modern commercial motor vehicles in Austin are equipped with.
Such data can expose instances of speeding, prolonged driving hours leading to fatigue, and potentially establish the commercial vehicle carrier’s liability. Fortunately, there are methods to prevent commercial motor vehicle companies from tampering with this critical evidence.
To safeguard against the destruction of records, our Austin commercial vehicle accident attorneys at Miller Weisbrod Olesky may send a spoliation letter to the trucking company, requesting the preservation of specific evidence. Pertaining to this, we may seek a temporary restraining order (TRO) to legally compel the company to retain the evidence.
A letter of spoliation is a notice sent to an opposing party that requests that all relevant evidence is preserved.
A Temporary Restraining Order (TRO) is an emergency court order that orders a party not to take some particular action until a hearing can be held. A TRO lasts for 14 days or until your temporary orders hearing, whichever is sooner.
The spoliation letter typically demands the preservation of various records, including:
Driver's logbooks and record of duty status
On-board computer or video recording device data
Black box data
GPS information
Maintenance records
Vehicle and equipment inspections
Reimbursement requests and supporting documentation
Fuel, lodging, and food receipts
Bills of lading and payroll records
Results of pre and post-accident drug or alcohol testing on the driver
Driver training materials
Driver's qualification file
Evidence to Prove Distracted Driving in CMV Accident Cases in Austin
Cell phone records of commercial vehicle operators can serve as valuable evidence to prove their distracted driving behavior at the time of your accident. By comparing the cell phone records with the CMV driver's logbook entries and their stated activities, inconsistencies or discrepancies can be revealed.
For example, cell phone records might indicate that a commercial vehicle operator was talking on the phone when they claimed to be sleeping. Additionally, these records can establish the driver's location at different points during their trip, challenging their claims regarding distance traveled and rest breaks taken.
Many commercial motor vehicle operators in Austin may be tempted to engage in various dangerous uses of cell phones while driving, such as texting, using GPS, downloading music, watching movies, browsing social media, or playing games. While hands-free cell phone use is permitted, it still poses risks and distracts drivers from focusing on the road. Texting while driving a truck is illegal and significantly more hazardous.
Misclassification of CMV Drivers as Independent Contractors in Austin
At Miller Weisbrod Olesky, our goal is to prove the liability of not just the negligent commercial vehicle driver, but also the trucking company or other company (like delivery company, construction company or any other commercial entity owning the vehicle or employing the driver) and any other at-fault third parties.
Commercial vehicle companies will have a large insurance coverage as well as the financial capacity to potentially pay you millions in damages if your injuries and/or losses require this amount of money. By proving the employer’s negligence through the doctrine of respondeat superior (“let the master answer”), we win get you the maximum financial compensation you deserve.
To avoid their liability, the trucking company may try to distance itself from the negligent commercial vehicle drivers by describing them as “independent contractors,” and not employees. Our Austin commercial vehicle accident attorneys will investigate the actual relationship between the driver and the company to prove that the driver was misclassified as an independent contractor or that the company is responsible for their actions regardless of what “label” they attempt to put on the driver.
The legal test for whether or not a truck driver is an employee is whether the trucking company was able to exercise control over the work performed by the trucker. Our lawyers will find out and prove the commercial vehicle company had the right to control the work operations of the driver, and used an independent contractor agreement only “on paper” to escape their liability for your injuries and losses resulting from the accident.
Hours of Service (HOS) Regulations for Commercial Vehicles in Austin
Maximum driving time of 11 hours after an off-duty period of at least 10 hours consecutively.
Not driving beyond the 14th hour (including off-duty time).
Mandatory break time of 30 minutes or more after 8 consecutive hours of driving.
Up to 60 hours of driving in a 7-day workweek, or up to 70 hours in an 8-day workweek.
Mandatory off-duty period of 34 hours off-duty after the completion of a workweek.
The off-duty 10-hour period can be divided as follows: (a) one part should be of 2 hours or more (in or out of the sleeper berth); and (b) the other part should include 7 consecutive hours or more in the sleeper berth.
In case of adverse driving conditions, the driving time limit of 11 hours and the driving window of 14 hours can be increased by up to 2 hours.
Distractions Caused by In-Vehicle Technologies
Distracted driving is one of the leading causes of commercial vehicle accidents. Our Austin commercial vehicle accident lawyers will identify trucking technologies, which the driver was forced to use by the carrier, or which the carrier chose to ignore even while knowing the potential dangers of such in-vehicle technologies.
Cargo Transportation Related In-Vehicle Systems
On-board computer systems to record data (such as Qualcomm or PeopleSoft)
GPS navigation devices to track the location
Real-time messaging systems to communicate with dispatchers
Lifestyle or Entertainment Related In-Vehicle Systems
CB radios to talk to other truckers (many trucks still use them)
Satellite TV, DVD players, online gaming devices
Internet devices, laptops and, most commonly, cell phones
On-board computers in large commercial vehicles are used for dispatch instructions, cargo load information, pay requests, directions, and weather data. Even though the computer may have a lockout device so that messages or notifications cannot be read while vehicle is in motion, truckers and even companies may find ways to disable the lockout device.
One of the largest trucking companies in the United States decided to disable the "Lock-Out" devices on Thousands of trucks, and disregarded the amount of Computer usage while driving. When a Commercial Vehicle Driver failed to notice a passenger car slowing down, from being distracted by a text message, the commercial vehicle driver crashed into the passenger car causing the wrongful death of our client; leaving behind a daughter and her elderly mother. Before the case could get to trial, the trucking company agreed to Re-Enable the "Lock-out" devices on all of their Commercial Trucks, and settled the case. Providing the daughter and elderly mother a $6 Million Dollar Settlement.
Negligent trucking companies may turn a blind eye to such dangers, or may sometimes even unlock the computer systems to increase their transportation efficiency. The FMCSA prohibits the use of on-board computers in commercial vehicles while the wheels are turning. Our commercial vehicle accident attorneys in Austin will prove such violations to hold the trucking company liable for maximum damages.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Austin Commercial Vehicle Accident Attorneys 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 Commercial Vehicle Accident Attorneys
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.
