Accidents in Fort Worth involving large commercial vehicles, such as big rigs, tractor-trailers, tow trucks, and delivery trucks typically result in more devastating injuries than passenger vehicle crashes. Injured victims and the families who lost a loved one to wrongful death in commercial vehicle accidents are entitled to maximum financial compensation from the liable parties for their injuries and losses.
Proving negligence in these cases becomes complicated because the liable parties in commercial vehicle accidents, such as large trucking corporations and insurance companies are often powerful and determined to minimize their liability. You need an equally strong and resourceful law firm such as Miller Weisbrod Olesky to take on these large defendants and hold them liable for maximum damages.
Contact Fort Worth Commercial Vehicle Accident Lawyers 1-888-987-0005
Our seasoned Fort Worth commercial vehicle accident attorneys specialize in large truck accident claims and have a demonstrable record of obtaining millions in settlements and verdicts on behalf of our clients. Get our top-rated legal team in Fort Worth on your side as soon as possible and we will move immediately to secure evidence and build a compelling case to claim the largest possible financial compensation for you from all the liable parties.
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 most recent cases, our client was traveling on CR 913. A commercial work truck was traveling in the opposite direction and failed to stay in his lane, crossing the lane of traffic and crashing head-on into the front end of our client's vehicle.The case was settled for $7,000,000.
What Qualifies as a Commercial Motor Vehicle in Fort Worth?
Under Section 390.5 of the Federal Motor Carrier Safety Regulations (FMCSR), a commercial motor vehicle (CMV) is any vehicle involved in interstate commerce with a gross vehicle weight of at least 10,001 pounds. These vehicles in Fort Worth may include box trucks, small package delivery trucks, straight trucks, and pick-up trucks with attached trailers. These are larger vehicles that must comply with certain federal safety requirements.
Under Section 382.107 and Section 383.5 of the FMCSR, motor vehicles used in commerce with a gross vehicle weight of at least 26,001 pounds are defined as commercial motor vehicles. These CMVs in Fort Worth generally include semi-trucks, tractor-trailers, and 18-wheelers. All CMVs are subject to stringent FMCSA regulations to ensure safety of others on the road.
Determining the Negligence of the Commercial Motor Vehicle Company in Fort Worth
Companies in Fort Worth that own and operate commercial vehicles like 18-wheelers and other large commercial motor vehicles often share a major part of the liability in the accidents caused by the drivers they employ. To increase their profits, these commercial carriers will sometimes maximize the cargo loads on each trip, and may sometimes end up violating cargo loading regulations of the FMCSA.
At the same time, commercial vehicle companies may pressurize their drivers to work extra hours, take fewer breaks between work, and meet unrealistic delivery deadlines. To overcome talent shortages, they may sometimes fail to perform proper background checks in hiring, hire less qualified or inexperienced drivers, and cut costs on driver training.
After an injury or wrongful death accident, the commercial motor vehicle carriers in Fort Worth and their insurance companies usually attempt to deny liability when accidents occur because their bottom line improves when they reduce their cost of claims. In these circumstances, the best chance you have to hold these powerful defendants accountable is get legal representation from the skilled and experienced Fort Worth commercial vehicle accident attorneys at Miller Weisbrod Olesky.
Statistics show that persons suffering a personal injury in a commercial vehicle accident will receive a much higher settlement even after deducting attorneys’ fees when they hire an experienced commercial vehicle accident attorney.
Our commercial accident lawyers will quickly investigate and prove the following aspects to prove the CMV company’s negligence in your case:
Pressure from the CMV employer to meet unreasonable deadlines causing Hours of Service (HOS) violations
Job incentive plans and HR policies of the employer forcing the CMV driver to work excessively and indulge in fatigued, drowsy, distracted or intoxicated driving behaviors
Negligent screening, hiring and training practices
Failure to perform proper background checks
Hiring less experienced drivers to overcome worker shortages
Failure to perform periodic driver supervision, such as medical fitness, drug tests, and safety assessments
Failure to maintain proper driving and HR records of the driver
Cutting costs on fleet maintenance and vehicle inspections
Negligent installation and use of in-vehicle communication, entertainment and tracking technologies, which cause driver distraction
Negligence in selecting cargo loaders, maintenance companies, and other third party vendors
Steps Our Legal Team will Take to Investigate and Prove Liability
The moment you sign up with Miller Weisbrod Olesky for your injury claim, our dedicated Fort Worth commercial vehicle accident lawyers will swing into action with the following initial steps:
Get you the best medical assistance depending on the status of your injuries and help you get on the path to full recovery.
Immediately visit the crash site with our photo and video team to document the position of the vehicles, gouge or skid marks on the road, damage to surrounding property, placement of debris, road conditions, traffic patterns and traffic control equipment on the site, among other things.
Send a notice to the commercial motor vehicle company to preserve all the potential evidence in their control.
Download and preserve the EDR (event data recorder) data from the commercial vehicle and analyze it with our accident reconstructionists to determine the speed changes, sudden braking, gear shift, and other crucial information from the moments just before the crash occurred.
Obtain the CMV’s GPS data, driver’s logs, dispatch records, driver’s qualification and training file, quarterly or annual HR reviews, employment history, drug and alcohol tests, medical certifications, and company policies and procedures.
Obtain truck maintenance and inspection records and hire independent engineers to investigate issues with vehicle repair and maintenance if component malfunction or tire defects are suspected.
Investigate whether the commercial vehicle was carrying loose cargo, improperly secured cargo, hazardous materials, or exceeding the weight limit regulations of the FMCSA.
Obtain information about potential eyewitnesses and reach out to them quickly to collect their audio, video, or written statements.
Hire expert witnesses in addition to accident reconstruction specialists, such as forensic experts, medical professionals, and financial experts to determine your current and future healthcare costs, loss of income, pain and suffering damages, among other losses.
What Happens if Someone You Love Dies in a Commercial Vehicle Accident in Fort Worth?
The surviving spouse, children, or parents of the deceased person can file a wrongful death claim. Our lawyers will fight hard to maximize your financial compensation, which could include:
Medical expenses before the final injury
Loss of potential earnings
Loss of inheritance
Loss of care, companionship, and support
Loss of spousal and parental services
Surviving family members’ emotional distress and mental anguish
Surviving family members’ cost of mental health treatment
Funeral and burial costs
In exceptional circumstances, our lawyers will also pursue punitive or exemplary damages on your behalf (if the liable parties’ actions were particularly egregious). Even if the deceased person left behind a debt, your compensation for wrongful death will not be impacted by it in any way.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Fort Worth 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 Fort Worth Commercial Vehicle 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 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.
