In recent years, commercial truck wrecks in Austin have been increasing even as the trucking companies and industry associations continue to demand relaxation of safety rules. Truck wrecks can cause life-altering injuries or even wrongful death, resulting in serious physical, emotional, and financial damages for the injured victims as well as the families that lost a loved one.
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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.
If your life or your family’s life has been seriously harmed due to an Austin truck wreck, the experienced and compassionate lawyers at Miller Weisbrod Olesky can help. Our award-winning Austin truck wreck attorneys are committed to fighting for the rights of those who have suffered injuries or losses in a truck wreck. Our legal team specializes in cases where large trucking companies, powerful insurance carriers and other defendants that transport commercial goods must be held liable to provide you the maximum financial compensation you are entitled to.
Our client was hit head on by a company truck. Her vascular system was badly damaged and over the course of a month her lower leg’s blood flow was so compromised that serious gangrene set in leading to an amputation. We recovered $7,000,000 Million Dollars for our client.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
What Important Evidence is Required to Prove Liability of the Truck Wreck Defendants?
At Miller Weisbrod Olesky, we have the skills and resources to quickly collect compelling evidence to prove the liable parties’ negligence. When you have suffered serious personal injuries and losses in a truck wreck, you and your family should not have to worry about building the legal case. From the moment you hire our law firm, our dedicated Austin truck wreck lawyers along with our team of investigators, video experts, and accident reconstructionist experts will immediately move to collect all possible evidence, including:
Physical and forensic evidence from the crash site, along with photos and videos of the damaged vehicles, skid marks, and surroundings.
Data from the truck’s event data recorder (EDR) to learn about what occurred in the moments before the accident.
Footage from the truck’s dashcam, which may reveal the negligent truck driver’s actions in the moments leading to the crash.
All data from any on-board truck computer such as Qualcomm or Peoplesoft
Contact details and statements of potential eyewitnesses and first responders that may provide crucial details related to the accident.
The truck driver’s hours of service (HOS) logs
Dispatch logs of the trucking company
Freight or cargo manifests
Truck driver’s vehicle inspection reports
Truck driver’s medical fitness, past driving behavior, disciplinary actions, criminal record, and drug & alcohol test reports.
Testimony of the negligent trucker and other employees of the trucking company to assess the work pressure, unreasonable delivery deadlines and unfair employment policies that may have contributed to your accident.
Why the Truck’s Black Box Data Must Be Quickly Secured?
The Board-Certified Austin truck wreck lawyers at our law firm recognize the critical importance of securing and preserving the truck’s EDR records (black box data). Our accident reconstructionist expert will use this data to determine the truck’s speed, braking action, steering action, gear shifting, and other key information about the events that occurred just before your accident.
In newer truck models, the EDR data is usually available for 30 days, while in older models, the information may only be available for a short time period. In some cases, the trucking company may intentionally or unintentionally destroy the data. Our lawyers will immediately move to obtain a temporary restraining order (TRO) or a spoliation letter to ensure that the trucking company cannot tamper with this evidence.
Our EDR experts will be present when the digital data recorded in the black box is downloaded, so that there is no mistake or intentional action that causes data destruction or distortion during the download process. Our accident reconstructionists will use this information along with other pieces of evidence to precisely determine how your accident and injuries occurred.
The data collected from the EDR can be key evidence in proving the responsibility of a truck driver or trucking company in an Austin truck wreck. Hiring us immediately so we can preserve and collect this data will put you and your family in the best position to win your legal case.
In one case, a truck driver for a large grocery store chain claimed he had fully stopped at a stop sign before pulling into the intersection. The resulting collision caused the unfortunate death a female passenger that collided with the truck. Luckily for the family, they contacted Miller Weisbrod Olesky's Austin truck wreck attorneys quickly. We were able to download the EDR (black-box information) which showed the “last stop” of the truck. This data revealed that the truck had never stopped or even slowed down before running the stop sign and causing the fatal truck wreck.
Trucking Companies In Austin Fail To Follow Truck Safety Regulations
While commercial trucks are an essential part of Austin’s economy, some trucking companies in the city often want to turn over quick profits, and in the process ignore the federal trucking safety standards enacted by the Federal Motor Carrier Safety Administration. These violations by the CMV (Commercial Motor Vehicle) carriers come to light only when a major truck wreck occurs.
The FMCSA has published several reports highlighting the dangers posed by Austin trucking companies that encourage drivers’ violations of Hours of Service rules, ignore safety inspections, fail to comply with random drug and alcohol testing of truck drivers, or skip repairs and maintenance of their trucking fleets. Repeated regulatory violations by some trucking companies in Austin demonstrate a business philosophy of indifference to the safety of others.
Injured Victims in an Austin Truck Wreck File Lawsuit Against the Trucking Company
One Austin truck wreck that resulted in six injured victims filed a lawsuit in 2016 against a trucking company, which had a track record of safety violations. Information from the USDOT showed that the trucking company, which owned the dump truck involved the accident, had been cited with 20 safety violations in the past.
The crash occurred during rush hour when a speeding dump truck loaded with gravel jumped a red light at the RM 2222 and Jester Boulevard intersection. The truck smashed into multiple vehicles, injuring six people.
Importance of Investigation and Evidence to Prove Liability of the Trucking Company
In this Austin truck wreck case, an eyewitness in another vehicle, saw the dump truck driver driving dangerously parallel to her. Her testimony became a vital piece of evidence to prove liability. Moreover, the dash cam in her vehicle revealed crucial footage that helped reconstruct the accident.
The dashboard camera video footage proved that the truck driver did not attempt to slow down or stop as he approached the red light. The truck ran through the red light and hit a passenger vehicle and several other cars, injuring six people.
Investigations further revealed that the trucking company that owned the dump truck had been cited with 20 trucking safety violations in the past. These violations included operating trucks without inspection, oil and grease leaks, exhaust leaks, defective headlamps, and broken turn signals.
This poor track record of the trucking company was evidence of a focus on profits and little regard for public safety and compliance with safety regulations. Further investigations revealed that the dump truck driver had a record of multiple criminal violations, a DUI charge, and a past record of drug abuse. Given these facts, he should never have been hired as a commercial motor vehicle driver by the trucking company in the first place.
Types of Injuries in an Austin Truck Wreck
The resourceful and compassionate Austin truck wreck attorneys at Miller Weisbrod Olesky will help ensure that you receive the best possible medical care, physical therapy, mental health counseling, and rehabilitation for your bodily injuries. Typical injuries in accidents with large trucks include:
Traumatic Brain Injury (TBI): Truck wrecks in Austin may lead to severe head injuries and TBI, resulting in loss of memory, poor vision, balance and movement problems, depression, or even death.
Spinal Cord Injury (SCI): Strong impact with a large truck or sudden vehicle deceleration may cause damage to the spinal cord, resulting in paralysis in one part of the body or the entire body.
Amputation Injury: Permanent disability resulting from loss of a limb in a truck wreck is possible during the accident or at the time of surgery. It can cause lifelong loss of work and long-term pain and suffering.
Burn Injury: A truck wreck may sometimes result in a fire, leading to second or third degree burns for the victims or respiratory complications due to smoke inhalation.
Broken Bones: Truck wrecks in Austin may cause painful fractures or multiple broken bones because of the high-speed impact with a large and heavily loaded commercial vehicle.
Internal Organ Injury: Damage from a piece of metal or a sharp object during the truck wreck or extreme force of the impact may cause damage or rupture of an internal organ, such as lungs, liver, kidneys, and heart.
Other Injuries: Rib and torso injuries, severe cuts and lacerations, disfigurement and scarring, and airbag or seatbelt injuries are some of the other potential injuries occurring in truck wrecks in Austin.
Minimum Liability Insurance Requirements for Commercial Trucks in Austin
Trucking companies that are regulated by the federal motor carrier safety regulations in Austin are required by law to carry minimum liability insurance coverage to protect the interests of injured victims as follows:
Commercial trucks weighing at least 10,001 pounds and carrying non-hazardous cargo: $750,000 minimum insurance coverage
Commercial trucks carrying oil: $1 million minimum insurance coverage
Commercial trucks carrying hazardous cargo: $5 million minimum insurance coverage
When you get injured or someone you love gets killed in a commercial truck wreck with a government-owned vehicle in Austin, your maximum recoverable damages are capped at $250,000 for each injured person, and $500,000 per truck wreck involving injuries and/or fatalities. Our Austin truck wreck attorneys will pursue the maximum financial damages from all the defendants to help you and your family move forward in life.
Statute of Limitations for Truck Wreck Claims in Austin
When you contact our Austin truck wreck lawyers as soon as possible after the accident, it allows us to immediately move to secure and preserve the strongest possible evidence. Armed with proof of negligence, we can hold all the at-fault parties liable for maximum damages and achieve the best financial outcomes for you and your family.
Protect Your Right to Financial Compensation
Our Austin Truck Wreck 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 Truck Wreck 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.
