An accident involving a large commercial truck can turn your life upside down. Devastating injuries resulting from the accident could leave you struggling with mounting medical bills, inability to work and earn, and prolonged pain and suffering.
At Miller Weisbrod Olesky, our Fort Worth truck accident attorneys can help you deal with these challenges, while aggressively pursuing maximum financial damages on your behalf from the negligent trucker, trucking company, other potential defendants and their insurance providers.
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.
Contact Trucking Accident Lawyers in Fort Worth 1-888-987-0005
Fort Worth Trucking Accident Settlement: A truck driver for one of the largest trucking companies in the United States attempted to use an on-board computer while driving through Fort Worth and Tarrant County. The distracted driver did not see our client’s mother’s vehicle slowing down to assist a disable vehicle of a friend. The tractor-trailer smashed into her vehicle causing her death.
Miller Weisbrod Olesky quickly filed the case and obtained a temporary restraining order over the truck. Our legal team learned during the lawsuit that the national company had made a corporate decision to disable a lock-out device for the on-board computer—thus allowing drivers to drive and type/read on the computer simultaneously. After refusing several multi-million dollar offers, we announced ready for trial, the company and its insurance companies then agreed to a $6,000,000 settlement on the eve of trial.
Trucking Accident Fatalities in DFW
A report published in the Fort Worth Star-Telegram showed that fatal commercial truck crashes have been going up in the 12 counties that constitute the Dallas-Fort Worth Metroplex and includes Tarrant County. During the pandemic, although the miles traveled by commercial vehicles dropped, the number of fatalities increased compared to previous years.
According to the experts who were interviewed by Fort Worth Star-Telegram for its report, reckless driving, speeding, distracted driving, drunk driving, fatigued or drowsy driving and other human behaviors were the primary causes behind the jump in fatal truck accidents involving large trucks. Trucker shortages are likely compounding these dangerous behaviors at a commercial level.
Negligence of Trucking Companies in Fort Worth
Trucking companies in Fort Worth push truck operators to their limits so that they maximize or exceed their permissible hours per week. Experts say this can create “road hypnosis” where the commercial truck driver is unable to keep full alertness and attention on the road. When driving an 18-wheeler or other large truck, even minor lapses in attention can result in catastrophic crashes and fatalities.
Road/Highway Hypnosis: Also known as white line fever, highway hypnosis is a naturally occurring, trancelike state in which the brain's processing and responses are dulled. Drivers in this state slip deep into thought about something else while driving without consciously thinking about it. Reaction times are slower.
On top of pressuring truck drivers, trucking companies in Fort Worth now increasingly recruit less experienced or less qualified drivers, skip detailed background checks before hiring, and spend less time on driver training to make up for industry-wide truck driver shortages. Some trucking companies may even compel truck drivers to under-report driving hours, overload the cargo, or commit other violations to meet their business and profitability goals.
The experienced team of Fort Worth truck accident attorneys at Miller Weisbrod Olesky knows the measures and tactics trucking companies adopt to improve their bottom line while cutting corners on safety. We have the skills, resources, and experience to take on large trucking companies and their insurers, prove their negligence with strong evidence, and pursue the largest possible financial damages on your behalf.
Interstate 20
According to the NHTSA’s Fatality Analysis Reporting System, the section of I-20 that runs through the Dallas-Fort Worth metroplex ranks as the 6th most dangerous highway in the country.
State Highway 199 and West Weatherford Street
When large truck drivers merge onto West Weatherford Street from Forest Park Blvd or Summit Ave to figure out the next turn, they may sometimes take their eyes off the road. This distraction is a notable cause of collisions with other vehicles on State Highway 199.
I-35W and East Berry Street
Commercial truck drivers exiting I-35W to East Berry St. often travel at highway speeds of 60 to 70 mph. But they must quickly lower their speeds because the access ramp speed limit is only 30 mph. A failure to make this quick adjustment may lead to their collision with other vehicles on East Berry Street.
Commercial Vehicles Laws in Fort Worth
Our highly rated Fort Worth truck accident attorneys possess in-depth knowledge of all the local, state, and federal laws that apply to commercial vehicles, including big rigs, 18-wheelers, tractor-trailers, flatbeds, box trucks, garbage trucks, delivery trucks, and food trucks, among others.
City Ordinances
In Fort Worth, city ordinances related to weight limit and lane restrictions for commercial trucks apply on certain roads and bridges within the city. These regulations are not directly related to personal injury cases, but under specific circumstances, they may become important to your case. Our truck accident attorneys in Fort Worth will formulate their arguments in the backdrop of these violations to win your commercial vehicle injury case.
Commercial Truck Weight Limits in Fort Worth
Texas imposes weight limits on commercial vehicles based on the number of axles, while additionally imposing a maximum weight limit (with cargo) of 80,000 lbs. According to the Texas DMV, commercial trucks in Fort Worth must adhere to the following weight limits:
Single axle truck: up to 20,000 lbs.
Tandem axle truck: up to 34,000 lbs.
Triple axle truck: up to 42,000 lbs.
Quad axle truck: up to 50,000 lbs.
Hours of Service (HOS) Regulations for Commercial Trucks in Fort Worth
When a commercial motor vehicle or CMV (defined as a commercial truck or tractor-trailer) in Fort Worth weighs 10,001 lbs. or more, or is transporting hazardous cargo in placard-requiring quantity, it must abide by the following federal Hours-of-Service regulations:
Maximum driving for 11 hours after remaining off-duty for at least 10 consecutive hours.
No driving beyond the 14th hour (including off-duty time) after coming on duty.
Up to 60 hours of driving permitted during a 7-day workweek or 70 hours during an 8-day workweek. Before starting the next workweek, the truck driver should spend at least 34 consecutive hours off-duty.
Sleeper berth provision: The 10-hour off-duty period can be split into two segments: (a) one segment should constitute at least two hours (whether in or out of sleeper berth); and (b) the other segment should constitute at least seven consecutive hours in the sleeper berth.
Adverse conditions provision: In adverse driving conditions, the 11-hour maximum driving time limit and the 14-hour maximum driving window can be extended for up to two hours.
At Miller Weisbrod Olesky, our Fort Worth truck accident lawyers know HOS violations can occur when the trucking company pressurizes its drivers to meet unrealistic delivery deadlines. We will investigate this angle and prove the liability of the trucking company to help you obtain your rightful financial compensation under the law.
Expert Witnesses in Fort Worth Truck Accident Cases
To prove the liability of the trucking company and third parties, such as cargo loading company, maintenance provider, and truck component manufacturer, our truck accident attorneys in Fort Worth will utilize our in-house expertise as well as our network of specialists, such as:
EDR Decoding Experts: Modern commercial trucks in Fort Worth are fitted with an electronic data recorder (EDR) or black box, which records data such as the speed of the truck and when the brakes were applied just before the accident. Our EDR experts will download, preserve, and interpret the data and explain its relevance to prove liability.
Accident Reconstructionists: These specialists with background in engineering, physics and accident scene investigations will review and analyze the vehicles at the site of crash, tire marks, property damage, nature of injuries, photos, videos, black box data, and other physical and forensic evidence to recreate the accident and establish how your injuries occurred.
Other Specialists: Maintenance specialists can explain to a jury about the safe practices necessary to maintain a roadworthy fleet of trucks. Phone record specialists can dig through data to show whether communication via phone, text, email, online chat or other means between the trucking company and the driver caused distraction just before the accident. First responders can sometimes prove to be critical expert witnesses to tell a jury who in their opinion was at fault for your truck accident and injuries.
Types of Compensation You Can Claim for a Fort Worth Truck Accident
Our Fort Worth truck accident attorneys will fight for maximum economic and non-economic damages on your behalf so that every dollar owed to you from all liable parties is accounted for. The financial compensation you can collect for your injuries and losses may include:
Medical costs
Emergency medical care
Medical exams, including lab work and imaging tests
Pain and suffering the decedent endured prior to death
In exceptional cases, our truck accident lawyers in Fort Worth may also be able claim punitive (exemplary) damages by proving the particularly egregious behavior of the defendants, which led to your injuries or a loved one’s wrongful death.
Minimum FMCSA Insurance Limits for Commercial Trucks
Trucks weighing up to 10,000 lbs. without hazardous cargo: $300,000
Trucks weighing up to 26,000 lbs. but carrying only household goods: $300,000
Trucks weighing 10,001 lbs. or above without hazardous cargo: $750,000
Trucks carrying oil: $1 million
Trucks carrying hazardous cargo other than oil: $5 million
Statute of Limitations in Commercial Truck Accident 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 accident 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 trucking 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 Trucking 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 Trucking 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.
