Most Big Rigs in Dallas have 18 wheels and weigh up to 80,000 lbs when fully loaded. These commercial vehicles have a wide turning radius, and compared to passenger cars, they may cover about 40% more distance after braking to come to a complete stop.
Big rigs are dangerous by design when they share the road with smaller vehicles, but the risk of accident increases if the big rig operator is poorly trained, overworked, fatigued, drowsy, stressed, ill, distracted, or intoxicated because of the pressures of the job.
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.
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.
Truck Driver Fatigue: 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 big rig truck following the Christmas holidays. The case settled for $8,250,000.
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 Big Rig Accident Lawyers for a free consultation.
Increasing Number of Big Rigs on Dallas Roads
While the highway infrastructure in Dallas is aging, the number of big rigs and shipping volumes in and around the city continue to increase with each passing year. Big rigs carry millions of tons of cargo across the length and breadth of Dallas every year with nearly 70% of all goods being transported by commercial trucks alone.
Fueled by economic growth, there is a consistent rise in freight tonnage. According to the American Trucking Association estimates, freight tonnage is likely to increase by nearly 24% over the next two years. In Dallas, big rigs continue to be the leading mode of transportation for the delivery of freight.
For the motorists in Dallas, this increases the risk of accidents and devastating injuries when trucking companies try to meet the growing industry demand while facing a shortage of skilled and experienced truck drivers. In this backdrop, if you or someone you love gets injured or killed in a big rig accident, you should speak to our accomplished and resourceful Dallas big rig accident attorneys as soon as possible for legal advice. We have decades of combined legal expertise in big rig accident legal fights that will ensure you and your family will have the resources to take on the large companies.
Commercial Vehicle Accident: 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. The case settled for $7,000,000.00.
When a big rig truck operates on the road without a trailer, it is called bobtailing. Truck handling is entirely different in this case. Our Dallas Big Rig truck accident lawyers have thorough knowledge and understanding of how these vehicles operate, how they differ from passenger cars, and what risks they can pose to others on the road.
How Trucking Companies in Dallas Contribute to Big Rig Accidents
The trucking industry in Dallas is facing a shortage of qualified, trained, and experienced big rig drivers. As the freight volumes continue to increase, trucking companies are struggling to keep up with the demand and meet tight delivery deadlines.
With stringent federal HOS regulations in place, which require big rig operators to follow mandatory rest breaks and limited time behind the wheel, it’s easy for trucking companies and negligent drivers to violate these regulations. Moreover, with truck drivers operating at odd hours, staying away from their family for significant time periods, and facing pressure from their employers to move more freight in a shorter amount of time, big rig accidents are on the rise.
Owing to driver shortage, many trucking companies in Dallas are cutting corners on background checks while hiring, providing proper driver training, ignoring medical check requirements, and even compromising on the truck repair and maintenance to make up for the shortages.
The competent Dallas big rig accident lawyers at Miller Weisbrod Olesky will investigate all these potential areas of FMCSA violations in order to determine liability of the trucking company as well as any third parties, such as the broker, cargo loader, fleet maintenance company, tire manufacturer, among others to maximize your financial compensation.
Asleep at the Wheel: A truck driver for the largest milk hauler in the United States fell asleep at the wheel, causing a wreck that killed my mom, Ms. Jones. When the insurance company wouldn’t settle, Clay Miller took the case to trial. During cross-examination, Clay made the driver admit he faked his logs and the safety director concede the company was grossly negligent. Just before closing argument, the case settled for $5.8 million. - Tina K.
Accident Reconstruction In Dallas Big Rig Crashes
Accident reconstruction specialists are qualified to recreate the sequence of events leading up to a big rig truck accident. Our Dallas big rig accident lawyers at Miller Weisbrod Olesky will hire top accident reconstructionists and introduce their expert testimony to strengthen your case. These skilled investigators bring years of experience and a scientific toolkit, making their findings difficult to refute in a trucking accident trial.
Big rig accident reconstruction will yield valuable insights about your big rig accident and injury in Dallas, including:
Could the big rig crash have been prevented?
Was the truck driver adhering to traffic regulations?
What was the speed of the big rig at the time of the accident?
Were there contributing factors such as mechanical fault or hazardous road conditions?
What the big rig carrying excess or poorly secured cargo?
Was driver fatigue, distracted driving, or speeding a factor?
Was defective equipment, such as faulty brakes or bald tires, involved?
Our big rig accident reconstructionists along with forensic specialists will employ tools, engineering principles, mathematics, physics, and observation to precisely determine the events leading to your accident and establish liability.
Accident reconstruction significantly impacts personal injury and wrongful death big rig accident cases. By analyzing the results of the investigation, the cause of the truck accident can be determined. This information is instrumental in establishing fault or negligence, particularly in cases lacking video evidence or witnesses. Our Dallas big rig accident lawyers and crash investigators may also utilize computer programs to digitally recreate the accident, providing a visual reference.
Through the testimony of big rig accident reconstruction experts and the facts they uncover, your case can be effectively presented, even if you have limited recollection of the incident. Some aspects our investigators and accident reconstructionists will analyze include:
Vehicle size differences: Recognizing the significant discrepancy in size between a passenger vehicle and a big rig, leading to variations in braking distance, weight, and force applied during impact, affecting the severity of damage and injuries.
Estimated speed: Utilizing skid marks, tire paths, and resting positions to triangulate the speed at which the vehicle was traveling at the moment of impact, and analyzing tire paths and skid marks to determine the direction of travel and ascertain if the driver attempted to apply the brakes.
Computer systems: Taking advantage of the onboard computer systems like electronic control modules or even video recording devices present in modern commercial vehicles, which record critical data about the big rig's behavior during a crash, including potential equipment malfunctions that may have caused or exacerbated the accident.
Analyzing Brake-Related Factors for Dallas Big Rig Accident Reconstruction
Big rigs in Dallas equipped with well-maintained brakes generally require 25 to 65 percent more distance to come to a halt compared to cars. Brake-related factors play a vital role in big rig crash reconstruction.
One of the key considerations is brake balance. Brake balance is achieved through properly matched and functioning mechanical components, correct adjustments, and equal air pressure across all brakes. Weight distribution on the truck also influences brake balance. Imbalances in the brakes can lead to stability issues, brake fade, and even brake fires.
By integrating these various elements into the accident reconstruction process, our investigators and Dallas big rig accident attorneys can provide comprehensive and accurate insights into the circumstances surrounding your accident and injuries.
We Have a Network of Expert Witnesses to Prove Your Claim for Compensation
In a big rig injury case in Dallas, you can claim both economic and non-economic damages, such as medical costs, physical therapy and rehab expenses, mental health counseling, prosthetics and assistive devices, future hospital and home care costs, current and future loss of income, pain and suffering, mental anguish, and loss of enjoyment of life, among others.
To prove these costs and maximize your compensation, we have the financial resources to hire leading damages experts and professional analysts. Our Dallas big rig accident attorneys spare no expense in utilizing the distinguished testimony of the following unbiased, third parties from our network, such as:
Accident Reconstructionists: These are forensic engineers and specialists who will analyze: (a) physical evidence from the site of the big rig crash in Dallas; (b) nature of medical injuries; (c) damage to the vehicles involved, eyewitness accounts; (d) Event Data Recorder (EDR) information; (e) speed and distance analysis; (f) reaction time; and (g) simulations and re-enactments to determine how exactly your accident and injuries occurred. The testimony of accident reconstruction experts can make a key difference to establishing the liability of the defendants.
Crash Investigators: At Miller Weisbrod Olesky, our in-house investigation and video teams will act immediately to photograph and video record the scene of accident and collect physical evidence. Depending on the initial investigation results, we may also hire phone record specialists (if the driver was texting while driving), forensic toxicologists (if alcohol or drug use during driving is suspected), maintenance experts (if vehicle component malfunction occurred), and DOT regulations specialists (if Hours of Service or other FMCSA violations are suspected).
Medical Professionals: Apart from the hard evidence of medical bills, one of the largest components in your claim for compensation in a big rig accident injury may be towards pain and suffering. The jury may award the compensation you deserve based on the expert opinion of orthopedic surgeons, neurologists, psychiatrists, physical therapists, and other treatment providers on the pain and suffering and mental anguish you have endured and are likely to endure in future.
Economists: To prove your current and future loss of income that may occur because of your injuries or disability (or wrongful death of a loved one), we may hire a financial professional or economist to prove your income losses over a lifetime – based on your age, skills, work experience and potential income you could have earned if you did not have an accident.
Vocational Experts: Prior to your big rig accident and injury, if you were earning wages based on a physical skill (such as machine work, welding, or computer skills), which you are no longer able to perform, the vocational specialist can determine whether and to what extent you may or may not be able to earn an income based on your injuries or disability.
Life Care Planners: This specialist will evaluate your lifelong medical needs, long-term therapy and rehabilitation costs, assistive devices and their replacement costs in future, costs of home modifications, long-term nursing or home care, and pain management and medication costs, among others. This will help us prove to the jury the big picture medical costs you are likely to face over time.
First Responders: If you have lost a family member in a Dallas wrongful death big rig accident, the testimony of first responders, such as police officers, EMT-Paramedics, and firefighters can help determine the extent of pain and suffering your loved one might have endured prior to their death. If the deceased person suffered more, you and other surviving family members may claim a larger amount in damages.
Texas Modified Comparative Fault Rule Works Against the Injured Victims
You should remember that the modified comparative negligence rule in the state motivates at-fault big rig companies and insurance adjusters to blame for you for your own accident. They will act immediately with an aim to show you are more than 50% responsible for your own injuries. If your percentage fault exceeds 50%, you are ineligible to recover any damages under this harsh rule.
At Miller Weisbrod Olesky, our seasoned Dallas big rig accident lawyers know these tactics of powerful defendants, and have extensive experience in proving their liability. Our investigators, accident reconstructionists, and lawyers will move fast to secure evidence, build a strong case, and hold all the negligent parties liable for maximum damages. Our formidable track record of verdicts and settlements and our trial preparedness usually work in favor our clients, and compel the defendants to agree to a fair settlement.
The leader in Big Rig Accident legal education for more than 30 years
With a 30-year history heading the Big Rig Truck Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding Trucking Companies accountable. Clay regularly speaks to Trial Lawyer Groups around Dallas and across the State of Texas on the topics of trucking discovery and trial techniques and the latest Trucking Technologies in order to better assist Truck Wreck Cases throughout the state of Texas.
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.
