Accidents with company vehicles, such as big rigs, trailer-tractors, and other commercial trucks, often result in catastrophic injuries or wrongful death of the victims. Clearly, the injured victims or the family of the deceased person deserve the largest possible financial compensation from the negligent company vehicle owners and operators and their insurance providers.
Our Company Vehicle 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.
The high financial stakes involved in company truck accidents make the negligent parties more determined to use a number of tactics to diminish or deny the compensation you are entitled to. At Miller Weisbrod Olesky, our Fort Worth company vehicle accident lawyers have a long track record of taking on company truck and company vehicle owners when there is a serious accident.
Contact Fort Worth Company Vehicle Accident Lawyers 1-888-987-0005
Our seasoned Fort Worth company 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.
Notable Case:
Our client was struck and injured when a company truck pulling a trailer pulled out in front of our client's motorcycle. Our client t-boned the truck and suffered injuries to his legs, pelvis, hands, back, spine, face, head. The case settled for $3,000,000.
How do Company Vehicle Accident Claims Different from Passenger Vehicle Claims?
Here are three key differences between a company vehicle and passenger vehicle accidents:
Cargo: Unlike passenger vehicles, commercial trucks in Fort Worth typically carry heavy cargo, which adds to the gross weight of these massive vehicles. An 18-wheeler can weigh up to 80,000 pounds when fully loaded, making it far more dangerous for smaller vehicles on the road in the event of a collision. Moreover, loading hazardous, irregular, excessive or loose cargo may be in violation of the regulations, and compromise road safety.
Carrier: Carriers own and operate company vehicles, either by employing drivers or hiring them as independent contractors. Proving the carrier’s liability requires specialized legal skills and resources because they will try to deny their liability and blame the victim or the truck driver. Some carriers in Fort Worth are known for pressurizing drivers to meet tough delivery deadlines, work excessive hours, and may also indulge in negligent hiring practices, poor vehicle maintenance, and other FMCSA violations to cut costs and increase profits. It’s a critical in company truck accident to gather the evidence quickly to prove these actions were a contributing cause to the company vehicle wreck.
Companies: In addition to the trucking company or company truck/car/van owner, the other companies with potential liability for your accident and injuries may include the cargo loader, truck manufacturer, truck maintenance provider, construction company, or other third-party vendors. Sometimes, the company vehicle may be jointly owned or operated by two or more partner companies, leading to more complex inter-company liability. In each of case involving a company truck accident, there are insurance giants with large resources to fight the personal injury or wrongful death claim.
To take on these powerful defendants, you need legal assistance from the leading Fort Worth company vehicle accident attorneys at Miller Weisbrod Olesky, who specialize in this arena. We will move fast to collect and preserve crucial evidence before it gets diluted or disappears, hire accident reconstructionists and other expert witnesses, prove the liability of all the negligent parties, and invest maximum resources to present a powerful case before a jury.
With our extensive trial preparation, evidence, and a formidable record of wins, it’s likely that the defendants will agree to pay the largest settlement you deserve and avoid a jury verdict. We have done it in many high value cases in the past, and we are ready to do it again in your case to protect your rights.
Types of Company Vehicles Involved in Accidents in Fort Worth
Semi-trucks and 18-wheelers: These are massive commercial motor vehicles weighing up to 40 tons and having multiple axles. These vehicles are hard to maneuver, and negligent driving behavior can cause devastating accidents and injuries to the victims.
Dump Trucks: These company vehicles are shorter in size than big rigs, but can have significant weight and momentum because they usually haul heavy materials. Load spills or collisions involving dump truck accidents can cause serious accidents.
Tanker Trucks: These company vehicles often carry hazardous cargo or oil, which can catch fire in the event of an accident. Cargo spills from tanker trucks can also contribute to multi-car accidents and severe injuries for the victims.
Logging Trucks: Improper or insecure loading is a common concern with logging trucks in and around Fort Worth. These company vehicles can be oversized, increasing the risk of catastrophic accidents and injuries for other drivers on the road.
Flatbed Delivery Trucks: Flatbed trucks in Fort Worth are typically loaded with irregular shaped materials or loose cargo, which increases the risk of accidents and injuries when you are driving close to these company vehicles.
Cement Trucks: These company vehicles carry heavy cargo, which can cause them to tip over and spill the load if the truck operator is negligent. Cement trucks usually operate close to construction zones around Fort Worth, which are more accident-prone areas.
Company and Contractor Vans or Trucks: Whether it’s a construction company or large retail company, company vehicles are inherent in the business of today. When a company owns the truck or van or employs the truck driver that is involved in a company vehicle wreck, important rules may apply to your case. It may be difficult to determine from just a police accident report whether company employees the driver or even owns the truck at times. Our experienced company truck attorneys know how to trace the evidence so that your claim will have maximum insurance coverage.
Our knowledgeable Fort Worth company vehicle accident lawyers are well-versed with the local, state, and federal laws and regulations applicable to different types of commercial trucks. We will use the full force of law and we will fight to win when you have us on our side for a personal injury or wrongful death claim involving a company vehicle.
Negligent Hiring, Training, And Supervision By Fort Worth Company Vehicle Carriers
Negligent hiring, training, and supervision practices by company vehicle carriers in Fort Worth can have severe consequences. It’s essential to examine the various ways in which these negligent practices can contribute to truck accidents and serious personal injuries.
Dubious Hiring Practices of CMV Carriers in Fort Worth
During the hiring process, Fort Worth company vehicle carriers are obligated to conduct comprehensive background checks on potential truck drivers. These checks encompass key elements such as:
Valid commercial driver's license (CDL)
Previous involvement in company vehicle crashes
History of drinking or substance abuse
Disqualifying medical conditions (e.g., epilepsy, hearing or vision impairments, cardiovascular disease, etc.)
To conduct pre-employment screenings of company vehicle drivers in Fort Worth, trucking companies should consistently retrieve or maintain the following records:
Driver Qualification Files
Under federal truck safety laws, Fort Worth company vehicle carriers are required to maintain Driver Qualification (DQ) files for each employed trucker. These files contain valuable information, including the driver's prior work experience, history of license suspensions or traffic violations, and involvement in accidents. DQ files also include Department of Transportation (DOT) medical examination certificates.
Substance Abuse Records
Fort Worth company vehicle carriers must conduct pre-employment drug screening tests on applicants and conduct regular randomized drug testing. Random alcohol tests are also carried out before or after deliveries. Compliance with DOT truck safety regulations requires the reporting of any reasonable suspicion of substance abuse to the Federal Motor Carrier Safety Administration (FMCSA), leading to mandatory drug or alcohol tests. If a company vehicle driver is found to be in violation of DOT compliance regulations, they must undergo a return-to-duty drug test and subsequent follow-up screenings.
Medical Records
Certain medical conditions can impair safe driving. Fort Worth company vehicle carriers have a responsibility to diligently hire medically qualified drivers and stay updated on any changes in medication or conditions that could potentially impact the truck driver's performance. Despite these safety regulations, some company vehicle carriers in Fort Worth disregard these obligations and hire truck drivers with poor records, including failed drug tests or disqualifying medical conditions, putting safety at risk.
Our Fort Worth company vehicle attorneys at Miller Weisbrod Olesky can obtain these records even if the employer attempts to hide or destroy them, ensuring accountability for the employer's actions.
Poor or Inadequate Training for New CMV Drivers in Fort Worth
Before starting solo driving assignments, newly certified company vehicle truck drivers must undergo proper training to maintain their vehicles and identify potential hazards and dangers. Nevertheless, some company vehicle carriers in Fort Worth assign under-qualified truck drivers to handle significant loads. While truckers are required to complete training and obtain a CDL to legally operate large company vehicles, they may lack the necessary training to handle specific types of trucks or different weight classes.
Some company vehicles, such as tractor-trailers or flatbeds, require specialized skills. Adequate training is vital to ensure the safe operation of company vehicles, but negligent CMV carriers in Fort Worth may fail to provide appropriate training, potentially leading to accidents and injuries.
Negligent Supervision of Company Vehicle Drivers in Fort Worth
Compliance extends beyond pre-employment screenings and preliminary training. Company vehicle carriers in Fort Worth are obligated to supervise truckers effectively, aiming to minimize the risk of CMV accidents and ensure the safety of others on the road. Our Fort Worth company vehicle accident lawyers at Miller Weisbrod Olesky can identify and hold the at-fault parties for negligent supervision practices, such as:
Encouraging or allowing drivers to violate hours-of-service regulations
Employers should not permit or pressure truckers to exceed federally-mandated limits on driving hours. The latest updates to hours-of-service truck safety regulations by the FMCSA are designed to address the dangers of trucker fatigue-related accidents. Company vehicle carriers should supervise and ensure the CMV operator is adhering to the hours of service (HOS) regulations.
Failing to drug test drivers involved in accidents
Federal truck safety regulations mandate that employers conduct drug tests on truck drivers following company vehicle accidents, particularly those resulting in personal injuries or fatalities. Ignoring these tests to cut costs, save time, or retain workforce involves potential liability of the company vehicle carriers in Fort Worth in the event of a company vehicle accident.
Continuing to employ drivers with disqualifying conditions
Company vehicle carriers in Fort Worth that knowingly retain truckers that have committed truck safety violations (such as failing a drug test after causing a crash) violate the law and put others at risk. The same principle also applies to trucking companies who allow truckers with disqualifying medical conditions to continue working.
In the face of these negligent practices, our Fort Worth company vehicle accident lawyers at Miller Weisbrod Olesky are determined to hold trucking companies and company vehicle companies accountable and seek the largest possible damages for the personal injury victims and the families of those who lost a loved one to a wrongful death.
FMCSA’s Hours of Service (HOS) Regulations for Company Vehicles in Fort Worth
The FMCSA has imposed strict limits on the number of consecutive hours that a company vehicle operator can be on the job. With that said, trucking companies in Fort Worth may sometimes create conditions that compel the drivers to violate Hours of Service regulations, leading to drowsy driving, drunk driving, distracted driving, aggressive driving or other dangerous driving behaviors on the road.
Our company vehicle accident lawyers in Fort Worth will investigate driver’s logs, black box data, and the trucking company’s records to determine whether any of the HOS regulations were violated in your case. According to the regulations, a commercial motor vehicle operator must not drive:
In excess of 11 hours cumulatively after 10 consecutive off-duty hours.
Beyond the 14th hour after rejoining duty follow 10 consecutive off-duty hours.
Beyond 60 cumulative hours during a 7-day workweek or 70 cumulative hours during an 8-day workweek.
Beyond 8 cumulative hours without taking at least one break of minimum 30 minutes.
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 company vehicle 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 Company 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 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.
