Being hit by commercial truck is one of the worst nightmares for anyone in Fort Worth. Many of the wrecks with 18-wheelers, semi-trucks and tractor trailers result in catastrophic injuries or fatalities, causing life-altering injuries truck wreck victims as well as those who lost a loved one to a wrongful death.
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.
If you or someone you love has been involved in a truck wreck in Fort Worth, you should immediately find out your legal options with help from our accomplished Fort Worth truck wreck lawyers at Miller Weisbrod Olesky. We know what it takes to dominate in negotiations with large trucking companies and insurance companies so that you can obtain the maximum possible settlement. Your first consultation with us is free of charge.
Our law firm has the skill sets and resources to take the case to trial if necessary and present compelling evidence and arguments before the jury to seek a verdict for the largest possible damages.
Insurance Adjusters are Not on Your Side in Truck Wreck Claims
Insurance companies know that you are in a vulnerable position following your truck wreck injuries. Insurance adjusters are trained to pretend to be your well-wishers, but in reality the insurance company’s financial interests are to minimize or deny your rightful damages. Remember these tips when you hear from an insurer after your Fort Worth truck wreck:
Your calls with the insurance company may be recorded, and anything you say could be used against you later on.
Signing paperwork or providing a recorded statement to the insurance company could harm your chances of recovering financial damages.
Direct negotiations or an early settlement with the insurer is likely to undermine your rightful claim to compensation. Statistics show that representing yourself in a truck wreck results in a far smaller settlement than those victims represented by a lawyer.
The earlier you reach out to the award-winning Fort Worth truck wreck lawyers at Miller Weisbrod Olesky after your accident, the faster we can move to protect your right to collect damages from the at-fault parties.
The moment the insurance company recognizes that you have our formidable legal team on your side, they are much more likely to pay you fair truck wreck settlement. Once they know of our trial readiness backed by compelling evidence and a powerful legal strategy, they will usually prefer to avoid presenting their case before a jury.
An insurance company refused to believe that we were serious about taking our client’s truck wreck case to trial. The insurance company offered $500,000 to settle the case and we told them it would take more than $2,000,000 to keep us from taking the case to trial. The trucking company’s insurance carrier did not believe us and we went to trial. The testimony from the truck driver, trucking company employees and other witnesses every day strengthened our case. We told the insurance company we would not take the $2,000,000 any longer and increased our demand by $500,000 each day that trial continued.
The trucking company’s insurance carrier finally realized how serious attorney Clay Miller was just before closing argument, but not before the demand had risen to $5,800,000. The trucking insurance company then caved and paid our clients the full amount of our demand. When we say we will take your case to trial unless the insurance company pays a fair settlement, we have the history and track record to back this claim up.
Types of Truck Wrecks in Fort Worth
A truck can weigh anywhere close to 80,000 pounds and are not easily maneuverable as compared to passenger vehicles. A collision between a truck and a small car can have a disastrous outcome. Statistics reveal that a driver of a passenger car is 70% more likely to be killed in an accident with a large truck than in an accident with a car.
The type of truck accident is dependent on the circumstances surrounding the accident site. The seriousness of the accident and the severity of injuries sustained also depend on the type of accident. Types of Truck Wrecks may include:
Pileups: When a speeding or distracted truck driver rear-ends a vehicle in the front, it can sometimes involve multiple vehicles that collide and pile up onto each other, resulting in devastating consequences for the victims.
Jackknife: When a semi-truck or a tractor trailer folds in on itself at the point of separation, it constitutes a jackknife accident. Over steering, speeding, fatigued, or distracted driving often causes this accident.
Underride: In a commercial truck wreck, if the victim’s vehicle gets pinned under the massive weight of the truck’s trailer, it’s called an underride accident. Use of side guards can reduce the risk of these accidents.
Rear-end: Commercial trucks are heavy and require extra time to stop once the brakes are applied. Fatigued, drowsy, distracted, or drunk driving of the trucker or speeding may cause rear-end truck collisions.
Head-on: One of the most severe truck wrecks is a head-on collision, resulting in many devastating accidents and injuries in Fort Worth every year. Aggressive, drowsy, or drunk driving behaviors are the key causes.
Proving the Trucking Company’s Liability in a Fort Worth Truck Wreck
When you contact our seasoned and resourceful Fort Worth truck wreck attorneys, we will get to work immediately to collect and preserve evidence from the crash site, including photos, video, physical and forensic evidence, eyewitness statements, driver’s logs, trucking company’s records, and the truck’s black box data.
Our accident reconstruction specialists and electronic data recorder (EDR) analysts will work together to analyze data from the truck’s engine, information about braking just before the accident, dash cam footage, lane departure data, speed of the truck, use of in-vehicle technology by the trucker, and track communication between the driver and the trucking company.
Each year the technology in the trucking industry is getting better. But the technology also leaves footprints of whether the trucking company had a pattern of pressurizing drivers to follow unrealistic delivery schedules, or compromising on Hours of Service, driver training, truck maintenance, or cargo loading regulations.
Our truck wreck lawyers in Fort Worth will work hard to prove the liability of the trucking company and third party vendors that may have committed negligence, which led to your injuries and losses.
Causes of Forth Worth Truck Wrecks
Based on the FMCSA’s report on nationwide truck wreck facts in 2020, here are some of the key insights about commercial truck drivers in Fort Worth:
Fact: Out of the 4,778 drivers involved in fatal crashes with large trucks in the year 2020, 312 individuals (7 percent) were aged 25 years or younger, while 294 (6 percent) were 66 years or older.
Insight: A significant number of commercial truck drivers in Fort Worth are either too young (inexperienced) or too old, which increases the risk of truck wrecks. Trucking companies hire or retain these drivers to lower their costs.
Fact: In 2020, a driver-related factor was documented for 32 percent of the large truck drivers involved in fatal trucking crashes. The most common truck driver-related factor was "Speeding of Any Kind," followed by "Impairment (Fatigue, Alcohol, Illness, etc.)" as the second most prevalent factor.
Insight: Unreasonable job stress or pressure from truck companies in Fort Worth leads to 18 wheeler drivers operating at excessive speeds, or engaging in distracted, fatigued, or drunk driving, endangering others on the road.
Fact: In 2020, 299 truck drivers of large company trucks involved in fatal crashes (6 percent) tested positive for at least one drug, although 57 percent of them were not subjected to drug tests. Commercial truck drivers are more likely to be tested for drugs if there is evidence from the crash suggesting drug involvement.
Insight: Drug use is a widespread problem among commercial truck drivers in Fort Worth. Staying away from home for weeks at stretch, loneliness, and driving for up to 14 hours a day contribute to this problem.
Fact: In 2020, 14 percent of occupants in large trucks involved in fatal crashes were not wearing seat belts, and 11 percent of the drivers of those trucks were also not wearing seat belts at the time of the accidents.
Insight: Negligent hiring and supervision as well as poor training of the truck drivers by the trucking companies in Fort Worth cause the truck drivers to disregard safety practices and put others at the risk of serious truck wrecks.
Proving Negligence In A Fort Worth Truck Wreck
Once all potential defendants have been notified to preserve evidence, the process of proving negligence in a truck wreck can begin in earnest—even though if contacted quickly enough we will start the investigation within hours. Our team of Fort Worth truck accident lawyers at Miller Weisbrod Olesky employs various strategies, such as engaging accident reconstruction specialists, obtaining eyewitness statements, and securing crucial black box data, to establish the defendants' negligence.
Accident Reconstructionists
A qualified accident reconstruction expert will be dispatched to the accident site as soon as our truck accident lawyers are hired to meticulously analyze the scene. They will measure skid marks and conduct thorough inspections of both your vehicle and the commercial truck involved in the wreck. Our dedicated photo and video team, along with our investigators, will assist in gathering physical and forensic evidence from the crash site.
During the reconstruction process, extensive review and analysis of physical evidence will take place. Depending on the location, the grade of the road will be examined, and the surface will be assessed for substances like oils that could have contributed to the accident. Skid marks, if present, will be accurately measured to determine their size, angle, and the vehicle from which they originated.
This data will help establish whether the truck applied the brakes and, if so, the estimated speed at which it was traveling when braking occurred. The condition of the brakes, brake pads, and brake fluid levels will also be thoroughly examined to paint a comprehensive picture of the events leading up to the crash. The evidence gathered during this process can greatly assist in assigning fault to the defendants.
Eyewitness Statements
An independent investigation of the crash will involve collecting numerous witness statements and physical evidence that may not be included in a standard police report. These witness statements are invaluable in reconstructing the sequence of events. It’s vital to gather as much initial information as possible, including interviewing all eyewitnesses present at the scene.
We will begin by compiling a comprehensive list of passersby or motorists who were there at the time. To ensure the reliability of statements, we will interview witnesses separately, preventing any biases of accounts and memories. When conducting witness interviews, we will take into account the fact that these individuals may be called to testify under oath.
Once the witness information is compiled, each statement will be carefully cross-checked against the other available evidence to validate its factual accuracy.
Canvassing the Area for Surveillance Cameras
Within hours of being hired, we will go the accident scene and visit various businesses to determine if any surveillance cameras caught the truck wreck. In case after case, we have proven that the truck driver’s story to the police was false with indisputable video evidence from surrounding businesses in the Fort Worth area.
Black Box Data
Similar to the black boxes found in airplanes, most commercial trucks in Fort Worth are equipped with event data recorders (EDRs), commonly known as black boxes. These devices store crucial data regarding the truck's physical properties during significant events such as accidents or near misses. Accessing the electronic data from these devices can be instrumental in substantiating your case.
Most EDRs retain data for approximately 30 days before it is erased or overwritten, although older truck models may have shorter retention periods. It’s crucial to note that some trucking companies in Fort Worth might intentionally destroy this data, and obtaining it voluntarily from companies is often challenging. This underscores the critical need to consult our accomplished and proven Fort Worth truck accident attorneys promptly.
We can swiftly send a spoliation letter or obtain a temporary restraining order (TRO) to the trucking company, preventing the destruction, dilution, or disappearance of this potential evidence.
Damages for Pain and Suffering in a Fort Worth Truck Wreck Injury Case
When the negligence of a truck operator, trucking company or third party vendors causes your truck wreck injuries in Fort Worth, you are entitled to pursue a claim for both economic and non-economic damages, including:
Current and future medical bills
Long-term therapy and rehab costs
Current and future loss of income or earnings capacity
Physical Impairment and Disfigurement
Pain and suffering
Emotional anguish
Pain and suffering typically occurs from both physical and emotional injuries. At Miller Weisbrod Olesky, our Fort Worth truck wreck lawyers will aim to maximize your financial compensation for pain and suffering, among other damages. Pain and suffering component in your damages can sometimes be much larger than actual medical costs incurred and actual loss of wages.
We will establish medical evidence to prove your damages when you are suffering from physical and emotional pain, scarring, disfigurement and disability, anxiety, panic attacks, depression, insomnia, PTSD (post traumatic stress disorder), and loss of quality of life resulting from long-term or permanent injuries.
Juries understand an injured victim’s debilitating condition, and insurance companies are aware of it. Once the defendants note our trial preparedness, including our extensive evidence to prove your pain and suffering before a jury, they usually agree to the maximum settlement you deserve. In any case, we will be fully ready to go to trial with a goal to obtain the largest possible verdict in your favor.
Minimum Insurance Coverage for Commercial Vehicles in Fort Worth
Commercial motor vehicles (CMVs), which including large commercial trucks are required to carry minimum liability insurance so that you can get adequate compensation in the event of an accident and injury. The minimum required insurance coverage for a commercial truck weighing over 10,001 pounds is $750,000. For commercial trucks carrying oil as cargo, the minimum insurance coverage is $1 million, and for CMVs carrying hazardous materials, the minimum coverage is $5 million.
Statute of Limitations in Truck Wreck Lawsuits
According to the Texas Civil Practice & Remedies Code Section 16.003, you have two years from the date of accident and injury (or two years from the date of wrongful death of a loved one) to file a claim for compensation. If you miss this deadline, the defendant will almost certainly apply for a “motion to dismiss” and the court will most likely dismiss your case.
Our Fort Worth truck wreck attorneys at Miller Weisbrod Olesky encourage you to reach out to us as soon as possible after your accident. We will move immediately to preserve evidence at the scene of crash, secure the black box data, driver log books, and trucking company records, talk to eyewitnesses, send our video team to the site, and hire accident reconstructionists to build a rock solid case against all potential defendants.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Fort Worth truck wreck 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 Truck Wreck Lawyers for a free consultation.
Meet The Leader In Truck Wreck Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Truck Wreck 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 Truck Wreck 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.
