Sharing the road in Houston with big rigs and semi-trucks can be dangerous, considering the high rate of truck accidents in the city. Truck accidents almost always result in catastrophic injuries or fatalities, leading to a life-altering impact on the victims and their families.
The size of a commercial truck is so large (an 18-wheeler with full load can weigh as much as 80,000 pounds) that the drivers and passengers of the other vehicles almost always bear the worst consequences of a collision. Because of the truck’s massive size and weight, truck drivers require special training and skills to drive and maneuver the vehicle safely.
In Houston, truckers and truck companies are subject to stringent regulations related to hours of service (HOS), size and load limits, the type of cargo being carried, and vehicle maintenance and inspection. If you or someone you care about was injured or killed in a trucking accident, you need legal representation from the proven and capable Houston truck accident lawyers at Miller Weisbrod Olesky to protect your right to financial damages.
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.
Our legal team has a thorough knowledge of the laws and regulations that the truck driver, the trucking company and any third parties may have violated, which led to your accident and injuries. The moment you sign up with us, we will immediately get to work to collect evidence from the accident scene, the truck’s black box, driver’s logs, and the trucking company’s records to prove negligence of the at-fault parties.
A truck driver for the largest milk hauler in the United States fell asleep at the wheel, causing a wreck that killed our client. When the insurance company wouldn’t settle, Houston Truck Accident Attorney, Clay Miller, took the case to trial. During cross-examination, Clay made the driver admit he faked his logs and the safety director concede the company was grossly negligent. Just before closing argument, the case settled for $5.8 million.
No matter how straightforward or complex your Houston truck accident claim might be, we have the skills, experience and resources obtain the maximum compensation you are entitled to.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
Data Shows Houston Leads in Truck Accidents
Our Houston truck accident lawyers have put together various data points available publicly, which show how Houston leads among all Texas cities as well as other major cities in the country in terms of traffic accidents, including truck injuries and fatalities.
Data from TxDOT showed that commercial vehicle accidents (trucks and tractor trailers) in Harris County were the highest, with 2,341 injuries and 36 fatalities recorded during the year. Montgomery County and Fort Bend County also recorded a high rate of commercial truck wrecks during the year.
To prove negligence of the truck driver, trucking company and any third parties for your injuries and to hold them liable for damages, our Houston 18-wheeler accident lawyers will investigate the underlying causes of the crash.
In many cases, the likely causes include driver error, driver fatigue, drowsy driving, drunk driving, distracted driving, poorly maintained truck, negligent hiring practices, trucking company oversight, trucking company putting pressure on the driver to violate HOS regulations, and defective road design, among other causes.
Drivers of large commercial trucks are required to keep a log showing hours of service as well as a record of vehicle upkeep, including maintenance of brakes, tires, and other auto components. The trucking company will install technologies like GPS, speed governors, and black box recorders, all of which can provide critical data and information in the event of a truck crash.
Did the trucking company hire an incompetent driver?
Was the truck driver given poor training or no training?
Did the trucking company put excessive pressure on the driver?
Was there a violation of Hours of Service regulations?
Was the truck poorly maintained?
Was the truck improperly loaded?
Did the road have any defects?
Commercial Truck Drivers in Houston Face Pressures on the Job
The experienced Houston trucking accident lawyers at Miller Weisbrod Olesky recognize the enormous pressures facing the drivers of big rigs and semi-trucks from the trucking companies. We will thoroughly investigate the role of the trucking company in an accident and hold them liable to help you recover maximum compensation.
Pressure to Deliver the Cargo
Trucking companies and other stakeholders in the logistics industry often pressurize the truck drivers to do whatever it takes to meet unrealistic deadlines for delivering the cargo. To cut costs, the trucking company may encourage overloading of the truck and then expect the driver to deliver the cargo in perfect condition and on time. High stress levels may force the driver to indulge in fatigued, drowsy, intoxicated, reckless or aggressive driving leading to catastrophic truck accidents and injuries.
Dealing with Distractions while Driving
Trucking companies have fitted their fleets with advanced computer systems and mobile technologies to increase efficiency, monitor driver behavior, provide directions, and engage in business communication. While these systems may bring down the costs of transportation and increase the trucking company’s profits, they can result in distracted driving and cause serious accidents. Moreover, a truck driver with tight deadlines may eat, drink, communicate or entertain while driving, leading to a distracted driving crash.
Inadequate or Low Quality Truck Maintenance
To cut costs, the trucking company may reduce the frequency of truck maintenance, delay replacing worn-out tires or old components, or resort to cheap and unreliable quick fixes to keep the truck running. Many trucking companies in Houston have done away with in-house teams of engineers and mechanics, and rely on low quality outsourcing for repairs and maintenance. A poorly maintained truck becomes a stressful burden to operate with frequent breakdowns, and increases the risk of accidents.
Failure to Provide Parking Facility
In congested urban areas in and around Houston, finding a safe place to park is a constant challenge for large commercial trucks. Trucking companies refuse to rent monthly parking spots (which are offered by some private service providers). A secure parking spot close to the regular delivery location or warehouse where the truck driver makes deliveries can make the roads safer for other vehicles as well as reduce the daily stress and struggle related to parking issues for the truck operator.
Fatigue, Health Problems, Loneliness
A survey of truck drivers conducted by the National Institute for Occupational Safety and Health (NIOSH) showed that truckers have a higher likelihood of being overweight, diabetic, smoker, and physically inactive. One in three truck drivers are diagnosed with sleep apnea (which is three times the rate of average population).
Loneliness is another challenge for truckers who are forced to be away from home for days or weeks at a stretch and work during odd hours. All these issues are aggravated because trucking companies don’t have policies to protect the drivers’ well-being. Physical, mental, and emotional health issues, fatigue, lack of sleep, and stress combine to increase the rate of truck accidents in Houston.
Driver’s Qualification File and Trucking Company Records as Evidence in Houston Truck Accident Cases
Driver Records Investigation
In order to gather comprehensive information and build a complete profile of the liable parties in a Houston truck accident, a thorough examination of truck driver records is essential. These records provide critical insights into the 18 wheeler driver's qualifications, background, and history, helping to uncover any potential red flags or discrepancies.
One critical aspect to review is the truck driver's qualification file, which contains a variety of documents such as the driver's application for employment with the trucking company, medical history, past driving record, physical test results, and recent medical examination certificates. This file indicates whether the truck driver is legally eligible to operate a commercial truck in Houston. It is required under federal motor carrier safety regulations that all trucking companies create and maintain these driver qualification files.
In order to comply with trucking safety laws, the truck driver qualification file should include past and current employment history as well as driving records from the state. There have been cases in Houston where truckers involved in accidents were not only unqualified to drive a commercial motor vehicle but also lacked a valid commercial driver’s license.
Conducting a criminal background check is also important. By accessing records from the state, including the Safety and Fitness Electronic Records System (SAFER) maintained by the TxDOT, valuable information can be obtained by the commercial truck operator. SAFER can provide reports and safety data on the commercial trucking companies in Houston.
It’s necessary to collect various other driver-related data, such as driving logs and history, bills of lading, fuel receipts, data from weighing stations, GPS data, cell phone records, and any criminal charges resulting from the accident. These records can be matched with each other, as well as with EDR and GPS data, to gain insights into the tractor-trailer driver's behavior and challenge or verify any conflicting statements they may provide.
After a truck wreck, driver's license information can be obtained from the DMV, and background checks should be conducted accordingly. Accident reconstruction and eyewitness statements also play a vital role in creating a comprehensive profile of the negligent parties involved and recreating the sequence of events following a truck accident. Models, photos, documentary evidence, and videos can be utilized as part of expert testimony and presentations to establish a thorough understanding of how the truck accident and injuries occurred.
Employer Records Examination
Obtaining evidence from the employer is equally important in Houston truck accidents. Driver training manuals and employee handbooks can reveal significant details, such as the quality of 18 wheeler driver training, protocols for addressing truck driver misconduct, drug and alcohol testing policies, and any past incidents or reprimands.
In-house investigation letters from the trucking company can provide insights into any previous inquiries conducted concerning the truck driver or trucking equipment that might not have been publicly disclosed. In Houston, it’s the trucking company’s responsibility to gather information from the trucker’s previous employers to determine if there was a past record of driver negligence.
Obtaining equipment service and inspection records that indicate the truck's maintenance history and any component or tire repairs or replacements are essential as well. With that said, interviews with the employer, fellow employees, and third parties such as cargo loaders can also yield valuable information about the truck driver's conduct and habits.
By closely assessing all the available records and employer evidence, our Houston truck accident lawyers at Miller Weisbrod Olesky can gather a comprehensive body of information to build a strong case for maximum damages for your truck accident and injuries.
Truck’s Black Box Provides Critical Data to Prove Negligence
Our Houston truck accident lawyers know the importance of the Event Data Recorders (EDRs), commonly known as the black box, which is a key information source to prove the negligence of the truck driver, the trucking company and any third parties. We will move fast to obtain the following data from the black box to strengthen your claim for maximum damages:
Communication between the driver and the trucking company, which could reveal insights about driver fatigue, urgency to meet delivery deadlines, mechanic troubles, and other material admissions
GPS location data
Truck usage data to compare it with trucker’s logs to identify any Hours-of-Service violations
Laws to Regulate Trucking Companies and Truckers in Houston
FMCSA Regulations: Both Texas laws and federal laws govern the standards of behavior of truck drivers and trucking companies in Houston. Our hard working and accomplished Houston truck accident lawyers at Miller Weisbrod Olesky are well-versed with the Federal Motor Carrier Safety Administration (FMCSA) regulations, which cover the following issues and more:
Truck operations
Driver’s qualifications
Minimum insurance coverage
Truck maintenance and repairs
Roadside inspections
Weigh stations
Trucking terminal audits
Complaint investigations
Compliance reviews
Definition of a Truck:
Houston commercial truck drivers and trucking companies are also required to follow various state laws provided in the Texas Transportation Code Title 7. Under Texas law, a “truck” is defined to include any motor vehicle primarily used to transport property and goods. These vehicles may include:
Texas At-Fault Insurance Law: Texas is an at-fault insurance state, which means, the parties that caused your truck accident and injuries are also liable to pay you financial damages. If the at-fault parties don’t have sufficient truck accident insurance coverage to pay your damages, you can file a personal injury lawsuit to recover your rightful compensation.
Modified Comparative Fault Law in Texas
Texas is a modified comparative fault state. This means that if you are found to be 51% or more at fault for your own injuries in a truck accident, you cannot recover any compensation at all from the negligent parties. Clearly, the defendant’s insurance company will do everything possible to shift at least 51% of the blame on to you in order to escape from paying any damages.
The top-rated Houston truck accident lawyers at Miller Weisbrod Olesky understand the tactics insurers and trucking companies will adopt to deny you your right to compensation. We have the capabilities and a proven track record of successfully taking on large insurance companies and trucking companies in Houston, collecting hard evidence to prove 100% fault of the defendants, and recovering maximum financial compensation for the injured victims and the families of wrongful death victims through settlements or verdicts.
Recoverable Damages in a Houston Truck Accident Case
When the actions of the at-fault parties are particularly egregious, we will also pursue punitive or exemplary damages to maximize your recovery. With the leading Houston truck accident lawyers at Miller Weisbrod Olesky on your side, you can expect to recover the largest possible financial compensation for your injuries or for the wrongful death of a loved one.
The leader in Truck Accident legal education for more than 30 years
With a 30-year history heading the Semi Truck Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding Trucking Companies accountable. Clay regularly speaks to Trial Lawyer Groups around Houston and across the State of Texas on the topics of trucking discovery and trial techniques and the latest Trucking Technologies in order to better assist Company Vehicle Accident Cases throughout the state of Texas.
Miller Weisbrod Olesky Houston 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.
