Each day thousands of people in and around Fort Worth use highways to go to work or for other reasons. All it takes it one distracted or fatigued semi-truck driver to make a life-altering impact on you and your family in a devastating accident. Semi-trucks are massive commercial vehicles, weighing up to 30 or 40 times more than an average passenger vehicle. Therefore, the magnitude of injuries in a semi-truck crash is often catastrophic.
Contact Fort Worth Semi Truck Accident Lawyer 1-888-987-0005
At Miller Weisbrod Olesky, our highly rated team of Fort Worth Semi Truck 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 semi-truck 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.
A semi truck driver chose to drive after very little sleep then attempted to open and read an email on his on-board computer. His semi trailer rear-ended our client’s car causing a post-crash fire. We proved the trucking company knowingly had disabled a lock-out device that would keep drivers from using their on-board computers. Days before trial, the trucking company and its insurance companies paid the family of our client $6,000,000.
Semi-truck drivers and trucking companies have large insurance policies, but it’s not easy to obtain your rightful damages from semi-truck insurance carriers because the burden of proof lies on you. Proving the vicarious (indirect) liability of the trucking company is complicated. At the same time, insurance companies will use all their legal might to challenge your claim because they have high financial stakes involved.
In some cases, the truck and the trailer may be owned or insured by separate entities, so it becomes important to identify all potentially liable parties, including third party vendors. At Miller Weisbrod Olesky, our Fort Worth semi-truck accident lawyers specialize in these cases. We have decades of experience and a demonstrable track record of large settlements and jury verdicts on behalf of injured victims as well as families that lost a loved one in a semi-truck wrongful death accident in Fort Worth.
What is a Semi-Truck?
A semi-truck is a commonly used term for a semi-truck-trailer, which includes a forward part called the cab (containing the engine), and a trailer (which the cab hauls behind). It’s called a tractor-trailer when the trailer is hooked up behind the semi-truck. Semi-trucks are also popularly known as big rigs or 18 wheelers.
When a semi-truck is attached to a trailer, it will technically have five axles. In absence of a trailer attachment, it technically has three axles. Different types of semi-trucks include lowboy, flatbed, power only, multi-car, sidekit, removable gooseneck, stretch double drop, and step-deck. The dedicated Fort Worth semi-truck lawyers at Miller Weisbrod Olesky have expert knowledge of the structure, function and technologies related to all types of semi-trucks, which helps us reconstruct the accident and prove liability.
Trucking Companies Fail to Prevent Serious Underride Semi-Truck Accidents in Fort Worth
Underride collisions involving large commercial trucks and smaller passenger vehicles, like cars, SUVs, and pickup trucks, have become an alarming concern in Fort Worth. These truck accidents, where the smaller vehicle slides beneath the truck, are disturbingly common and claim the lives of hundreds of Americans each year. Shockingly, the true number of fatalities is believed to be even higher than reported figures.
For over fifty years, the federal government has been fully aware of this issue. Investigations reveal a disheartening pattern of negligence and inaction by the National Highway Traffic Safety Administration (NHTSA), the country's foremost authority on roadway safety. Despite credible scientific research highlighting potential solutions, NHTSA consistently failed to implement simple measures that could mitigate the risks associated with underride truck accidents.
Recent disclosures make it appears that NHTSA may have succumbed to pressure from the influential trucking industry of the past years. Lobbyists representing trucking companies vehemently argued that implementing truck safety measures would be excessively costly and would cause long-lasting harm to the American truck industry. Consequently, the agency's efforts were repeatedly undermined and impeded by the trucking lobby's resistance.
Ironically, the technology required to minimize underride crashes is relatively straightforward and affordable. It involves the installation of sturdy steel guards on the back and sides of a semi-truck. The expenses incurred would be minimal.
Nevertheless, trucking industry groups such as the American Trucking Association (ATA) persistently combat legislative attempts to enforce the mandatory inclusion of side guards on semi-trailers, which have proven effective in preventing underride collisions. Unfortunately, due to this truck industry resistance and the subsequent governmental delays, thousands of lives have been lost in underride truck accidents over the past decades.
How Do Underride Truck Accidents Occur?
The facts and circumstances surrounding underride truck accidents can vary in each case. Often, the semi-truck driver and the trucking company bear responsibility for these catastrophic crashes. To illustrate, consider a case from 2020, where a truck traveling at approximately 40 mph blatantly disregarded a stop sign at a four-way intersection.
An unsuspecting Volkswagen SUV collided directly with the side of the massive truck, becoming ensnared between its wheels and dragged down the street. The impact caused glass, steel, and plastic to scatter through the air like shrapnel, yet miraculously, the SUV driver survived.
The largest trucks on Fort Worth roads, known as tractor-trailers or semis, consist of two components. The front section, called the tractor, possesses a high-horsepower engine capable of towing loads up to 80,000 pounds. Attached to the tractor is the trailer, which can range from 28 to over 50 feet in length. Semitrailers typically have massive wheels and sit approximately 4 feet above the ground.
While modern automobiles incorporate meticulously engineered safety technologies like airbags, crumple zones, and bumpers, these safeguards prove ineffective during underride crashes due to the significant height difference between large trucks and smaller vehicles.
In collisions where the truck has no underride guard, the force of impact is absorbed by the windshield of the smaller vehicle, violently striking the bottom edge of the trailer and causing the car's roof-supporting pillars to collapse. Tragically, airbags often fail to deploy in these scenarios.
The resulting sequence of events leads to catastrophic injuries. Underride semi-truck accidents frequently result in severe head trauma, including skull fractures, severe brain damage, and even decapitations. Victims may also experience crushing injuries to the torso or impalement by sharp metal fragments. Semi-truck drivers themselves are seldom harmed in these crashes.
If you or a loved one has been involved in a semi-truck accident where the defendants displayed a blatant disregard for the safety of others, our committed and resourceful team of Fort Worth semi-truck accident lawyers at Miller Weisbrod Olesky is prepared to hold them accountable and pursue maximum compensation on your behalf.
Throughout the legal process, our dedicated semi truck accident attorneys will offer unwavering support and guidance to help you and your family move forward in life with the rightful damages you are entitled to. Our ultimate goal is to ensure you receive the maximum financial compensation you deserve.
How Our Legal Team will Investigate Your Fort Worth Semi-Truck Accident
In the aftermath of your semi-truck accident and injuries in Fort Worth, the first concern of the trucking carrier and their insurance company will be collect all the evidence in their favor and carry out a biased investigation of their own in order to deny or minimize your injury claim. You can seize this advantage from them by making a call our seasoned Fort Worth semi-truck accident attorneys at Miller Weisbrod Olesky.
The moment you sign up with us, we will take full control of the situation. We will arrange for the best possible medical assistance you might require, while our investigators will move immediately to preserve evidence in support of your claim. Our video team and legal and forensic experts will visit the accident site to obtain every of piece of potential evidence that will bolster your claim.
Letters of Spoliation or TRO: Our lawyers will lose no time in drafting and sending out a spoliation letter or filing and obtaining a Temporary Restraining Order (TRO), notifying all the defendants that no claim-related evidence should be hidden, altered, destroyed, or tampered with in any way.
ECM and Other Data: In a semi-truck, the Engine Control Module (ECM) records crucial data regarding the speed, braking, tire pressure, power steering, and gear control. We will also obtain GPS and in-cab messaging data (such as Qualcomm system in the semi-truck) to learn more about the factors that led to your accident.
Accident Reconstruction: Our accident reconstructionist will simultaneously begin work on recreating the accident based on your feedback, evidence collected from the crash site, inspections of the vehicles involved, witness statements, and black box data from the semi-truck.
Trucker’s Qualification File: We will collect the semi-truck operator’s qualification file to look at their CDL validity, employment record, physicals and medical exam results, medical history, driving record, drug/alcohol screening record, misbehavior reprimands, training feedback, and background check information to assess potential negligence of the trucking company in hiring, training, and HR practices.
Cargo Problems: We’ll investigate whether the cargo the semi-truck was carrying was permissible under their license, whether it exceeded the maximum allowed capacity of the semi-truck, and whether the cargo was loose or improperly secured. We’ll evaluate the potential liability of the cargo loading company and the trucking company for any cargo problems.
Truck Brokers: We will review whether a third party broker or logistics provider within the transportation chain had a contract with the trucking company to make the shipment. If their failure to exercise care in choosing a competent trucking company contributed to your accident and injuries, we will obtain proof to hold them liable along with other negligent parties.
Manufacturer and Maintenance Provider: Our semi-truck engineering specialists will look at possible defects or malfunctions, such as steering system defects, tire blowouts, brake failures and other component malfunctions that may have occurred because of the truck manufacturer or the maintenance company’s negligence to determine their liability.
Skill Test for Semi-Truck Drivers in Fort Worth to Obtain CDL
Semi-truck drivers in Fort Worth can obtain a commercial driver’s license (CDL) after completing various requirements, including performing a skill test. The following skills are tested in Texas before a full CDL can be issued:
Pre-trip vehicle inspection
Start
Offset backing
Parallel parking
Straight-line backing
Downshifting (if applicable)
Upshifting (if applicable)
Use of lanes
Lane change
Merge
Right-of-way
Left and right turns
Intersections
Traffic signs and signals
Curves
Roadside stop/start
Railroad Crossing
Can You Claim Damages if You are Partially at Fault for Your Injuries?
Texas is among the few states that follows a harsh rule of modified comparative negligence. According to this rule, if you are found to be less than 50% responsible for your own injuries in a semi-truck accident, you can recover proportionate damages to the extent of the fault of the defendants. But if the jury or judge determines that your fault exceeds 50%, you cannot recover anything in damages from the other negligent parties.
Clearly, the trucking companies and their insurers in Fort Worth will do everything possible to show your fault exceeds 50% so that they don’t have to pay anything to you. Our skilled and resourceful Fort Worth semi-truck accident lawyers know the tactics the defendants may adopt and we have the trial capabilities to expose their claims before a jury.
With our extensive evidence collection, trial preparedness, and a robust track record of settlements and verdicts, in many cases the defendants will settle your claim to your maximum satisfaction well before or during the trial. We’ll accept your case on a contingency fee basis, which means you don’t have to pay us anything until we win financial compensation on your behalf.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Fort Worth Semi Truck 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.
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.
