Commercial trucks, such as 18 wheelers, constitute a basic part of the economy in Dallas. But the sheer size, weight, and momentum of a fully loaded 18 wheeler rumbling past smaller vehicles at top speed to meet tough delivery deadlines poses serious risk of injury and death in the event of an accident.
When a truck driver or a trucking company fails to recognize their role and responsibility in keeping Dallas highways and roads safe, they may breach federal or state trucking regulations for the sake of short-term gains, leading to devastating accidents.
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.
In one of our recent cases, we represented the families of two individuals who were killed by a truck driver who fell asleep at the wheel of his semi truck following his Christmas holidays. The case was settled for $8,250,000 as the jury was being selected before trial.
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
If you have suffered injuries or lost a family member in a fatal truck accident, the top-rated Dallas 18 wheeler accident lawyers at Miller Weisbrod Olesky can provide you the legal representation you need to prove your claim and take on large trucking and insurance companies to obtain maximum compensation.
To provide you the most thorough legal representation, our Dallas 18-wheeler accident attorneys have a detailed understanding of the mechanical and technical aspects of commercial vehicles. Our knowledge about these aspects bolsters our ability to investigate and prove the negligence of 18-wheeler truckers and trucking companies in accident cases.
Weight: Under the law, the weight of a loaded 18-wheeler on Dallas roads must not exceed 40 tons or approximately 80,000 lbs. That’s at least 20 times the weight of an average automobile. Clearly, when a vehicle 20 times heavier collides with your car, SUV or pick-up truck at high speed, the resulting impact can be devastating for the smaller vehicle and its occupants.
Length: A typical 18 wheeler in Dallas can have a trailer length of about 53 to 59 ft. When the truck tractor’s length is added to it, the semi-trailer can have a total length of as much as 80 ft. With this kind of length and weight, the 18 wheeler a lot more room to turn and adequate distance of at least 500 ft. to come to a complete halt at highway speeds (according to the FMCSA recommendations).
Height: A tractor trailer has a standard height of nearly 14 ft, which means that the center of gravity of 18 wheelers is much higher than that of a car. If the trucker is speeding, distracted, sleepy, drunk, or simply fatigued, they could ramp too quickly or take a sharp turn, causing a catastrophic rollover accident. An overloaded 18 wheeler or having unsecured cargo also becomes more vulnerable to rollover crashes in Dallas because of the height.
Axles and Gears: An 18 wheeler has five axles and about 10 gears on average. But some of the big rigs can have up to 18 gears designed to help slow down the vehicle. Unless the trucker is fully trained to quickly switch gears from top to lower when necessary to slow it down, they could rear-end a car or another smaller vehicle in the front, causing a serious accident and injuries.
Navigating Complex Federal and State Regulations to Establish Fault
Keeping safe distance to avoid rear-end collisions
Maintaining truck components and tires to prevent malfunction
Loading the cargo in permissible limits and preventing loose cargo
Dallas follows nearly all the FMCSA regulations as well as state traffic rules for how 18 wheelers may operate within the state on both city roads and highways. The trucking industry in Dallas has been lobbying for increased “Hours of Service” for truck drivers with an aim to maximize profits. In many cases, exceeding the work hours beyond the currently permissible limit of 60 hours in a 7-day workweek and 70 hours in an 8-day workweek contributes to serious 18 wheeler accidents in Dallas.
Federal regulations also require that drivers of 18 wheelers operating interstate must always carry a medical card certifying their medical fitness to drive the commercial truck as well as undergo periodic medical exams as mandated by law. Our diligent 18 wheeler accident attorneys in Dallas will investigate every element and every dimension of your case to prove liability of the at-fault parties and help you obtain your rightful damages.
Typical Injuries in a Dallas 18 Wheeler Accident
Considering the weight and dimensions of 18 wheelers, any crash with these vehicles can result in catastrophic injuries or wrongful death of the victims. Typical injuries may include:
Traumatic Brain Injury (TBI): 18 wheeler crashes in Dallas may lead to severe TBIs for the victims, resulting in memory loss, poor vision, depression, or even death.
Spinal Cord Injury: Sudden deceleration or massive impact against the windshield or dashboard in an 18 wheeler accident can cause spinal cord injury, resulting in full or partial paralysis.
Amputation Injury: Loss of a limb in an 18 wheeler crash may occur immediately or during surgery, leading to lifelong disability and physical and emotional suffering.
Burn Injury: A collision with an 18 wheeler may cause a fire, leading to second or third degree burns for the victims or other complications due to smoke inhalation.
Fractures: Accidents with 18 wheelers in Dallas can leading to painful or multiple broken bones and fractures because of the high-speed impact with a large vehicle.
Internal Organ Damage: Injury from a sharp object during the 18 wheeler accident or sheer force of the impact may cause rupture or damage of a vital internal organ.
Who can File a Wrongful Death Claim in an 18 Wheeler Accident in Dallas?
Medical costs incurred prior to the victim’s wrongful death
Funeral or burial expenses
Loss of financial support to the family members
Loss of inheritance (the expected amount the decedent would have saved and left to the family members)
Non-economic Damages
Pain and suffering and/or mental anguish the decedent experienced after the accident until their death
Loss of emotional support or loss of consortium and companionship
Loss of guidance and instruction to the surviving children
Bystander claim (mental anguish of the family members or close relatives that witnessed the wrongful death of their loved one first-hand)
Punitive or Exemplary Damages
If the defendants in an 18 wheeler wrongful death case in Dallas acted intentionally or with extreme recklessness, it is possible to recover punitive or exemplary damages in addition to the economic and non-economic damages.
Recoverable Damages in a Dallas Survival Action Claim
The Texas Survival Statute under the Texas Civil Practice and Remedies Code Section 71.021 provides a different legal recourse for the recovery of damages in a wrongful death case. In a wrongful death claim, the decedent’s surviving spouse, children and parents can recover damages, while a survival action will compensate the decedent’s estate. From the estate, the compensation amount will be distributed to the eligible family members according to the will or the decedent’s final wishes.
Medical bills accrued after the accident and before death
Loss of income during the period after the accident and before death
Pain and suffering the decedent experienced after the accident and before death
Our 18 wheeler accident lawyers in Dallas can help you pursue a wrongful death claim, a survival action, or both, depending on the legal grounds in your case.
Insurance Requirements for 18 Wheelers in Dallas
To protect the financial interests of injured victims in 18 wheeler accidents in Dallas, the mandatory commercial liability insurance of the trucking company is helpful. Based on this, insurance companies in Dallas are typically looking to deny or minimize the damages they have to pay to the injured victims or to the family members of a victim of wrongful death in an 18 wheeler accident.
This is where you need the seasoned Dallas 18 wheeler accident lawyers at Miller Wiesbrod Olesky who are prepared to negotiate hard with the insurance company on the basis of compelling evidence and maximize your settlement. When the 18 wheeler carrying non-hazardous materials weighs more than 10,001 pounds, the minimum liability insurance coverage is $750,000. In case of hazardous materials, the insurance coverage goes up to $5 million.
If the driver of the 18 wheeler in Dallas is an employee of the trucking company, they will likely be insured by the employer under the company’s cargo and liability policies. But if the truck driver was an independent contractor, they are mandated to buy their own liability insurance coverage. In some cases, the trucking company may have purchased a self-insured retention policy, so a part of the settlement may have to be negotiated directly with their HR department.
Among other notable truck wreck cases, our firm recovered $8,750,000 from a large trucking company which was responsible for the deaths of a 67-year-old and a 19-year-old who were from Mexico.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Dallas 18 wheeler 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.
If you were hurt or a loved one was severely injured or tragically killed in a trucking accident, immediate investigation and concerted legal action may be necessary to protect your right to seek maximum recovery. Contact our Dallas 18 Wheeler Accident Lawyers for a free consultation.
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 Dallas 18 Wheeler 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's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
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.
