Dallas Company Vehicle Accident Lawyer

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• Dallas Company Vehicle Accident Lawyer

Dallas Company Vehicle Accident Attorneys

Accidents in Dallas with company vehicles, such as large commercial trucks are more complicated than passenger car accidents. Company vehicles and their owners are covered by substantial commercial vehicle insurance policies. This means the injured victims and their families have a chance to recover maximum financial compensation they deserve.

Because the financial stakes of the company vehicle owners and their insurance companies are so high, they have large legal teams and tactics in place to regularly deny or reduce the claims of injured parties. Once a company vehicle accident occurs, their teams may already have an action plan in place to change their driver’s story and do everything they can to escape from their liability and lay the blame on you for your injuries and losses.

Our 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.

Contact Dallas Company Vehicle Accident Lawyers
(888) 987-0005

Our law firm has recovered more than $1.3 Billion in settlements for clients in all kinds of personal injury, wrongful death, car accident cases, truck accidents, construction accidents and even medical malpractice lawsuits.

For this reason, you need seasoned lawyers that specialize in taking on large commercial vehicle carriers and insurance companies, negotiate hard based on strong evidence, stay fully prepared to go to trial if needed, and make the maximum financial recovery you are entitled to. Make sure you involve our Dallas company vehicle accident lawyers at Miller Weisbrod Olesky as soon as possible after the crash in order to protect your rights.

Company 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.

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. Fill out our form below for a free consultation.

What Constitutes a Company Vehicle in Dallas?

A company vehicle in Dallas generally refers to a commercial vehicle of any size that is used to transfer hazardous or non-hazardous cargo. The vehicle driver is usually an employee of the company. Therefore, when a company vehicle crash occurs, it’s necessary to investigate and prove the liability of the commercial carrier that owns and operates the vehicle, apart from determining the vehicle driver’s negligence.

Examples of company vehicles in Dallas include:

• Semi-trucks, 18-wheelers, other large commercial trucks
• Fleet vehicles
• Oil and tanker trucks
• FedEx / UPS trucks
• Amazon delivery trucks
• Dump trucks
• Garbage trucks
• Street cleaners
• Mail carrier trucks
• Construction industry vehicles
• Cement or concrete mixer trucks
• Logging trucks
• Moving trucks and vans
• Delivery trucks and vans
• Repair and utility company trucks and vans

Our knowledgeable Dallas company vehicle accident attorneys are well-versed with the workings of all types of commercial vehicles as well as the preventable violations of FMCSA regulations that lead to crashes of these vehicles in Dallas. Schedule your detailed case review and consultation with our attorneys, who has been through the legal minefields before and knows where to step and not to step, today to know your legal options.

Long History of Success in Company Vehicle Accidents

Our client was a passenger in a company van when another company vehicle encrouched into his lane. The sudden movement to avoid the accident resulted in our client being ejected from the vehicle causing severe brain damage. The case settled for $4,250,000

“Respondeat Superior” Legal Doctrine in Dallas Company Vehicle Crashes

Under the legal theory of “respondeat superior” (literally meaning “let the master answer”) the company owning the commercial vehicle usually will have vicarious liability for your accident and injuries. Our skilled company vehicle accident lawyers in Dallas will focus on holding the employer liable along with the negligent vehicle driver to maximize your financial recovery.

Motor carriers have large financial assets and protect themselves with substantial insurance policies, which an individual negligent driver working for the company is not likely to have. To hold the employer liable under the doctrine of “respondeat superior” our Dallas company vehicle attorneys will work to establish the following facts:

• The company vehicle driver was operating under the control and instruction of the employer at the time of your accident.
• The commercial vehicle company had the ability to control the driver’s actions.
• The negligent company vehicle driver’s actions occurred within the scope of his or her official work duties.

Serious CSA Violations that Cause Company Vehicle Crashes in Dallas

The FMCSA has established CSA (Compliance, Safety and Accountability) standards with an aim to hold commercial fleets accountable for issues related to safety and compliance. Some of the common and serious CSA violations that lead to company vehicle accidents and injuries in Dallas include:

• Using a cell phone or texting while operating a commercial vehicle
• Operating a commercial vehicle while fatigued or sick
• Exceeding the speed limit by at least 15 miles per hour
• Speeding in a construction zone
• Reckless driving as defined under 49 CFR 392.2R
• Driver in possession of or using drugs
• Driving a commercial vehicle with a false medical ticket
• Hazmat cargo not secure in the CMV
• Failure to rectify problems identified in a vehicle inspection

According to the FMCSA, these are “unsafe driving” behaviors, which are considered the most egregious violations that endanger others on the road. At Miller Weisbrod Olesky, our outstanding and proven Dallas company vehicle accident lawyers are determined to hold the at-fault driver and the motor carrier accountable for your injuries and losses, and will leave no stone unturned to recover the maximum financial damages on your behalf.

Company Vehicle Operators In Dallas Are Bound By Federal Regulations

At Miller Weisbrod Olesky, our experienced Dallas company vehicle accident attorneys thoroughly understand the complex web of trucking and company vehicle laws, regulations and guidelines enforced by federal authorities, such as the Department of Transportation. Our lawyers will investigate your accident and review these safety regulations to determine if any violations occurred which contributed to your accident and injuries.

License Requirements

Operating a company vehicle in Dallas demands a specific set of skills and qualifications. According to federal CDL requirements, drivers must possess a valid commercial driver's license (CDL) issued by their home state. Acquiring multiple licenses from different states is strictly prohibited. Additional endorsements may be necessary for drivers handling trucks with multiple trailers, tanks, or hazardous cargo.

Medical Certification

All company vehicle operators engaged in interstate travel with a commercial motor vehicle weighing over 10,001 pounds are mandated to hold a valid Medical Examiner's Certificate (ME Certificate). Our legal team will meticulously examine whether the negligent driver and the company adhered to this requirement.

Record of Duty Status

Company vehicle operators in Dallas are required to maintain a daily log, referred to as the "driver's record of duty status." This logbook contains crucial information regarding the driver's activities and compliance with regulations outlined in Title 49, Part 395.8. Our legal team will obtain and scrutinize the logbook to determine if any violations or patterns of non-compliance occurred.

Hours of Operation

Hours of Service or HOS regulations establish limits on the number of hours a commercial driver can operate a company vehicle before taking mandatory rest breaks. We will investigate any potential violations stemming from undue pressure imposed by the trucking company to meet unrealistic delivery deadlines or maximize business volume. This inquiry can help establish driver fatigue as a contributing factor in accidents.

The table summarizes the HOS regulations for property-carrying and passenger-carrying drivers.

Vehicle Inspections

Federal rule 49 CFR 396.11 stipulates that at the conclusion of each workday, company vehicle operators must conduct a comprehensive inspection of their vehicles. A written and signed report addressing crucial safety components such as brakes, steering, tires, lighting devices, wheels, rims, and other vital parts is mandatory. Our attorneys will assess whether this inspection was performed and documented appropriately.

Mobile Device Usage

Using hand-held mobile devices or engaging in texting while operating a company vehicle in and around Dallas is strictly prohibited. We will thoroughly investigate any instances of non-compliance with regulations outlined in Part 392.80 and Part 392.82 of Title 49 to establish liability on the part of the defendants.

Sleep Apnea Screening

In accordance with the FMCSA rules, commercial truck operators in Dallas diagnosed with moderate to severe sleep apnea are disqualified from driving. Our legal team will gather evidence to ascertain if the driver was medically unfit to operate or failed to possess a valid medical examiner's certificate.

Drug and Alcohol Testing

Company vehicle drivers are subject to stringent rules regarding drug and alcohol testing. Our resourceful team of attorneys will aggressively search for evidence indicating a failure to comply with these testing requirements outlined in Title 49, Part 40, or a history of failed intoxication tests.

Language Proficiency

Every company vehicle driver in Dallas must have the ability to read and speak English at a level that allows them to comprehend highway traffic signs and effectively communicate with others. Our attorneys will scrutinize employer records to identify any instances of negligent hiring in violation of Part 391.11 regulations.

At Miller Weisbrod Olesky, our Dallas company vehicle accident lawyers are committed to representing the interests of injured victims, advocating for their rights in legal proceedings, and proving liability of the defendants to obtain maximum financial compensation for the injured parties and their families.

Holding Negligent Employers and Insurance Companies Liable

In company vehicle accident cases in Dallas, the employers typically try to create distance between the company and the negligent driver by claiming the driver was operating beyond the scope of job duty, or was on a lunch break, or failed to correct behavior despite repeated warnings.

At Miller Weisbrod Olesky, we have the capabilities and experience to establish before the court that the employer has been enjoying all the profitable advantages of using the services of an employer, so when the employee caused an accident, the employer also needs to accept responsibility instead of pointing fingers solely at the employee.

Similarly, our Dallas company vehicle crash lawyers will identify all possible lines of insurance coverage in these cases. For instance, the truck and the trailer involved in your accident may be owned by separate companies, and as a result, separate insurance carriers may have insured them. Our lawyers will determine the liability of all parties and calculate the full insurance coverage in order to maximize your financial damages.

Who can Claim Damages in a Dallas Wrongful Death Company Vehicle Accident?

Commercial vehicles owned and operated by motor carriers are much larger in size and weight than cars and other vehicles, which increases the incidence of fatal crashes. The dedicated Dallas company vehicle accident lawyers at Miller Weisbrod Olesky will help the eligible family members of the decedent in wrongful death cases file a claim for damages. Under CPRC Section 71.004, the surviving spouse, children and parents of the deceased can pursue a wrongful death action to recover their rightful compensation.

Recoverable Damages in a Dallas Company Vehicle Wrongful Death Claim

At Miller Weisbrod Olesky, our experienced Dallas company vehicle accident attorneys will work hard to recover maximum damages on your behalf in a wrongful death case, including:

Economic Damages

• 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 a company vehicle wrongful death case in Dallas acted intentionally or with extreme recklessness, we may be able to recover punitive or exemplary damages for you in addition to the economic and non-economic damages.

Recoverable Damages in a Dallas Company Vehicle Personal Injury Claim

Economic Damages

• Current and future medical costs and life care expenses
• Current and future loss of wages
• Diminished or lost earning capacity
• Cost of home modifications, prosthetics, and assistive devices

Non-economic Damages

• Pain and suffering
• Mental anguish
• Disfigurement and/or physical impairment
• Loss of consortium

Punitive Damages

When the actions of the defendants are particularly egregious, we will also pursue punitive or exemplary damages to maximize your recovery.

Limits on Punitive Damages in Texas Personal Injury Cases

Under the Texas Civil Practice and Remedies Code Chapter 41, punitive damages in personal injury cases are capped at $200,000 or twice the amount of economic damages (whichever is higher) PLUS the equivalent amount of non-economic damages (limited to $750,000).

Example: In a Dallas company vehicle personal injury case, if the jury awards you $1.5 million for your economic damages and $1 million for your non-economic damages, the maximum recoverable amount for punitive damages (in addition to economic and non-economic damages) would be: (2 x $1.5 million) + $750,000 = $3,750,000.

With the pre-eminent Dallas company vehicle accident lawyers at Miller Weisbrod Olesky on your side, you can recover the largest possible damages for your personal injury or the wrongful death of a loved one.

Our client was killed while on the job for his employer Texas Highway Maintenance. He and co-workers were working in the triangle shaped area between freeway and off ramp where orange barrels were. A minivan was missing its exit and drove into that area striking our client and killing him. The case settled for $2,750,000.

Statute of Limitations in Texas for Company Vehicle Injury Claims

The Texas statute of limitations for commercial vehicle injury and wrongful death cases is two years from the day the accident occurred (Section 16.003 of the Texas Civil Practices and Remedies Code). Considering the critical importance of truck black box data, physical evidence from the scene of accident, fresh memory of eyewitnesses, our Dallas commercial vehicle lawyers recommend that you should contact us as soon as possible after the accident to preserve evidence and build a strong claim.

At Miller Weisbrod Olesky, our seasoned Dallas Commercial Vehicle 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 Truck Accident legal education for more than 30 years

With a 30-year history heading the Commercial Vehicle 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 was asked to be the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the State of Texas. Clay has been a D Magazine Best Lawyer for every year since 2017, and is consistently listed in the best lawyers by Texas Monthly. Miller Weisbrod Olesky is regularly recognized by the U.S. News and World Report as one of the top injury law firms in the United States.

Miller Weisbrod Olesky Company Vehicle Accident Lawyers