The size and weight of a commercial truck is much larger than that of a passenger car. A fully loaded big rig can weigh as much as 40 tons (80,000 lbs). Clearly, an accident between a big rig and a passenger vehicle is likely to result in devastating consequences for the victims. If you have been injured or someone you love died a wrongful death in an accident with a big rig, you can sue the negligent driver and trucking company for damages.
Contact Fort Worth Big Rig Accident Attorneys 1-888-987-0005
At Miller Weisbrod Olesky, our highly rated team of Fort Worth big rig accident lawyers specializes in commercial truck accident cases. We have the skills, experience, and resources to take on insurance giants and powerful trucking companies and pursue the largest possible financial compensation for your injuries and losses.
Residents of Fort Worth and Tarrant County trust us for our relentless commitment to fight for the injured victims’ rights and our demonstrable record of multi-million dollar settlements and verdicts in big rig injury cases.
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.
Among other notable Big Rig Accident 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.
In-Vehicle Technologies Leading To Distractions For Big Rig Operators
The prevalence of distracted driving contributes significantly to big rig accidents in Fort Worth. At Miller Weisbrod Olesky, our team of talented and accomplished Fort Worth big rig truck accident lawyers will identify and examine the in-vehicle technologies that may have distracted the big rig operator due to trucking company’s enforcement or the trucking company’s disregard for the potential dangers associated with such systems.
In-Vehicle Systems Related to Big Rig Cargo Transportation
On-board computer systems designed to record truck data
GPS navigation devices utilized for tracking location of the tractor-trailer
Real-time messaging (RTM) systems facilitating communication with trucking company dispatchers
In-Vehicle Systems Associated with Entertainment or Lifestyle
CB radios for communication among truckers (still commonly used in many trucks)
Online gaming devices, DVD players, and satellite television
Internet devices, cell phones, laptops or desktops, and fax machines
On-board computers in big rigs serve various functions, including weather updates, directions, dispatch instructions, cargo load information, and pay requests. While these truck computers may be equipped with lockout devices to prevent reading messages or notifications while the vehicle is in motion, some truckers and trucking companies have found ways to disable these safety features.
Negligent trucking companies in Fort Worth may turn a blind eye to such dangers or even unlock the computer systems to enhance transportation efficiency. The Federal Motor Safety Administration trucking safety regulations explicitly prohibits the use of on-board computers in big rigs while the wheels are in motion. Our experienced big rig accident attorneys in Fort Worth will establish such violations to hold the trucking company accountable for maximum damages.
The Challenges Posed by Infotainment Systems in Big Rigs
“Infotainment” system is a popular term used to describe “information + entertainment” systems. While the primary intention behind infotainment systems may be to reduce distractions, the reality is quite different. Despite voice-activated systems enabling big rig drivers to keep their eyes on the road and hands on the wheel, thus minimizing manual and visual distractions, operating these systems can often be arduous, time-consuming, and frustrating, leading to cognitive distractions.
In essence, the core issue with distracted driving lies not with a specific technology but with overwhelming the brain with too many tasks simultaneously. Recent research has even shown that voice technology may exacerbate this problem, as language processing engages a larger portion of the brain compared to driving itself.
Another drawback of infotainment systems is that they create a false sense of security for truckers. Most drivers possess some awareness that using a cell phone while driving introduces distractions that should be avoided (even if they choose to ignore this awareness and continue texting or talking while driving). Moreover, when manufacturers incorporate infotainment systems directly into big rigs, they convey a misleading signal.
By thoroughly analyzing the role of in-vehicle technologies and their potential for distraction, our Fort Worth big rig accident lawyers will establish liability of the defendants and seek the highest possible damages on behalf of the injured victims and their families.
Federal Laws to Protect Your Rights in Big Rig Accident Cases
Our seasoned Fort Worth big rig accident lawyers at Miller Weisbrod Olesky have thorough knowledge of the applicable laws within the Code of Federal Regulations Title 49, which are enforced by the FMCSA to regulate the commercial trucking industry. We’ll investigate and prove the liability of the defendants in the light of any violations of the applicable federal and state regulations, which led to your injuries and losses.
Hours of Service: HOS rules limit the number of hours a truck driver can operate the big rig before taking a mandatory break. We’ll investigate whether pressure from the trucking company to meet unrealistic delivery deadlines or maximize business volume led to any HOS violations.
Trucker’s Log Book: Big rig drivers in Fort Worth are required to maintain a daily log, which is called the “driver’s record of duty status.” We’ll obtain the log book to determine if there was a violation or a pattern of flouting the rules under Part 395.8, Title 49.
Cell Phone Use: Drivers of big rigs in and around Fort Worth are not permitted to use a hand-held mobile device while driving; or texting while operating the big rig. Our lawyers will investigate any violation of the rules found in Part 392.80 and Part 392.82 to prove liability of the defendants.
Alcohol & Drug Tests: Big rig drivers are bound by stringent rules for drug and alcohol testing. Our dedicated big rig accident lawyers in Fort Worth will look for evidence to show if the test requirements were ignored or there is a history of failed intoxication tests under Part 40, Title 49.
Sleep Apnea Rules: If a big rig operator in Fort Worth is diagnosed with moderate to severe sleep apnea, they are disqualified from driving under the FMCSA rules. Our legal team will obtain evidence if the driver was medically unfit to operate or was not carrying a valid medical examiner’s certificate.
Knowledge of English: In Fort Worth, every big rig driver should have the ability to read and speak English up to a level of reading highway traffic signs and interacting with the people. Our attorneys will review employer records to see if there was negligent hiring in violation of Part 391.11 regulations.
Negligent Hiring or Retention Creates Liability of the Trucking Company
When a big rig company in Fort Worth fails to exercise reasonable care in hiring a qualified commercial truck driver, it constitutes negligent hiring under the law. Trucking companies have a legal duty to carry out a thorough background screening and evaluation of a trucker’s history before hiring. To determine whether the truck driver who causes your accident and injuries was hired or retained negligently, our Fort Worth big accident attorneys will investigate and obtain the following evidence:
Copies of the Motor Vehicle Record (MVR) of the big rig driver to review the past accident record, driving violations, or a pattern of dangerous driving behaviors.
Copies from the local police department about any charges, arrest records, and incident reports related to big rig operator.
Copies from the courts regarding any prior criminal convictions, and determining whether the trucking company conducted a criminal background check.
Copies from the local compliance department about any prior FMCSA safety violations by the big rig driver.
Documents from the trucker’s personnel and qualifications file from the current employer as well as previous employers.
Deposition of the trucking company’s employees to determine what type of application screening and background checks were performed or skipped.
Employer record of the truck driver’s medical fitness, physical exams, drug & alcohol tests, and any history of prescription, non-prescription or recreational drug use.
Evidence related to “negligent retention” in case the big rig operator was qualified at the time of hiring, but in the course of employment, the employer ignored their history of accidents, medical problems, and/or drug & alcohol use.
Evidence of the trucking company’s failure to provide proper training to the driver to operate a big rig with certain types of trailers or cargo loads.
Evidence of the big rig company’s failure to impose disciplinary steps against unsafe driving behaviors, permitting the truckers to deviate from known safe routes, or creating employment conditions that lead to aggressive driving, excessive speeding, truck driver fatigue, drowsy or distracted driving in order to meet harsh delivery deadlines.
Big Rig Liability Insurance Minimums Imposed by the FMCSA
Every "for-hire" interstate big rig company in Fort Worth carrying general freight is required to have a minimum auto liability insurance coverage of $750,000. If the negligence of a big rig operator and/or the motor carrier is proved in your accident, this insurance coverage will be used to pay your damages.
For big rigs carrying oil, the minimum liability coverage is $1 million, and for carriers of hazardous goods, the minimum coverage is $5 million. At Miller Weisbrod Olesky, our seasoned Fort Worth big rig accident lawyers will make extensive trial preparations backed by hard evidence, expert testimonies, and a robust legal strategy. That usually puts us in a strong negotiating position with the insurers for maximum settlement on your behalf, failing which we will pursue the largest possible damages through a court verdict.
Statute of Limitations for Company Vehicle Accident Claims in Fort Worth
The earlier you contact our Fort Worth company vehicle accident lawyers, the faster we can reach the crash site to collect evidence and take steps to preserve the black box data from the vehicle in order to prove liability and pursue maximum damages on your behalf.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Fort Worth Big Rig Accident Lawyers 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 Fort Worth Big Rig 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 Fort Worth Company Vehicle 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 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.
