At Miller Weisbrod Olesky, our team of highly rated Houston truck wreck lawyers has the skills, experience, and resources to negotiate strongly with large trucking companies and their insurers as well as the ability to take your case to trial to prove liability of the truck driver, trucking company and any other responsible party.
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.
You will pay nothing for our FREE consultation about your accident. No matter what, we will never charge you any fee or expense until and unless we win you a financial settlement.
Importance of a Detailed Investigation and Ability to take a Truck Wreck case to Trial
Our Houston truck wreck attorneys know from experience that trucking companies and other potential defendants along with insurance companies are prepared to litigate hard to deny or diminish your claim for damages. The only way you can fight back against their resources and their legal might is when you have a powerful law firm such as Miller Weisbrod Olesky by your side that will leave no stone unturned to investigate the truck wreck thoroughly, collect compelling evidence, and pursue a winning legal strategy to maximize your financial compensation.
In many cases, when the trucking company and the insurance company realize that we are determined to take the case to trial and they see our formidable track record of jury verdicts and settlements, they are more willing to make a fair negotiation for your damages. Nevertheless, we continue to be fully prepared to go to trial and put together all pieces of evidence necessary to hold the defendants liable for your injuries or the wrongful death of a loved one in a court of law.
A Trucking company knew it’s driver had a problem with getting the right amount of sleep because he had fallen asleep in a prior wreck. The trucking company failed to remove the truck driver from the road and re-train him in sleep and fatigue procedures. Two weeks later, the same truck driver fell asleep drifting off the road and hitting a car on the shoulder that had a flat tire. The truck wreck caused a wrongful death. When the insurance company did not want to pay our demand, we took the case to trial. As our truck wreck lawyer trial team led by Clay Miller picked a jury, the trucking company and insurance company changed its mind and paid our client families $8,750,000 to settle the case.
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
During our Houston truck wreck investigation, we will utilize the expertise of accident reconstruction specialists as well as our in-house investigation and video teams to establish not just “how” the crash occurred, but also “why” it occurred. We will identify and prove the negligence of the trucking company in any FMCSA violations that may have contributed to your accident and injuries.
Houston and Harris County Has The Highest Number of Truck Wrecks In Texas
Data from the TxDOT shows that in 2022, Harris County had more 4,200 commercial truck wrecks (as of August 2022) – more than any other Texas county. At this rate, the total number of truck wrecks in Houston and Harris County in 2022 would likely exceed 7,000.
Prior to the pandemic, Harris County already experienced an annual rise in the number of commercial motor vehicle accidents. This trend temporarily slowed down in the Houston area during the peak of the pandemic lockdowns, but from 2021 onwards, the rate of commercial truck accidents has returned to its previous highs and truck traffic in and around Houston is back to record highs.
Trucking Company in Houston Shuts Down After Fatal Accident
In early 2022, Christopher Savannah, a driver for the Houston-based Koboat Trucking ignored a rolling roadblock and slammed into two vehicles, resulting in the wrongful death of Loudon County Sheriff’s Office Sergeant Chris Jenkins. The negligent driver was charged with multiple violations, including driving while intoxicated as well as driving while in possession of drug paraphernalia.
The FMCSA Concludes the Trucking Company was “Egregiously Non-compliant”
According to KVLT, the negligent Houston truck driver had previous failed to appear in a Texas court for a moving violation and did not even have a valid CDL to operate a semi-truck. Following a crash investigation, the federal trucking safety agency determined that Koboat Trucking of Houston was “egregiously non-compliant” of several safety regulations.
The Commercial Carrier Journal reported the following trucking safety violations of the Federal Motor Carrier Administration committed by the trucking company under 49 CFR:
Commercial driver’s license requirements (49 CFR Part 383)
Truck driver qualification (Part 391)
Hours of Service requirements that apply to a trucking company (Part 395)
Controlled substances and alcohol use and testing of truck drivers (Part 382)
Vehicle inspection, repair, and maintenance tractor-trailers (Part 396)
The trucking company announced that it was permanently shutting down its operations following the accident and the resulting FMCSA truck safety violations. Injured victims and family members of wrongful death victims in commercial truck accidents should consult with our Houston truck wreck lawyers to identify and prove the trucking company’s liability to pursue maximum damages.
Need for Early Investigation of the Truck Crash Site
Following your truck wreck injury or the wrongful death of a family member in a Houston truck wreck, you can safely assume that the investigators and lawyers of the potential defendants will be at the scene of accident almost immediately. They want to have a head start over you so that they can engage with the negligent driver to manipulate their version of events and do everything they possibly can to shift the blame on to you for your accident and injuries.
When you hire our seasoned truck wreck accident lawyers in Houston as soon as possible after the injury, we will swing into action almost immediately to obtain photos and videos from the scene of crash, collect physical and forensic evidence, talk to probable eyewitnesses, and get crucial access to the truck’s black box and computer/video recorder data, the trucker’s logs, and the trucking company’s communication, hiring and training records, while also focusing on the potential liability of other negligent parties.
Letter of Spoliation or Temporary Restraining Order (TRO): To prevent loss of evidence, we will draft and send a letter of spoliation to all potential defendants or even file a TRO which is a Court Order preventing evidence destruction. These actions ensure that no evidence related to your injury claim is hidden, modified, eliminated, or tempered with by the defendants.
Accident Reconstruction: In addition to starting an investigation with our in-house investigators/videographers, our truck wreck attorneys in Houston will work with accident reconstructionists to analyze the skid marks on the crash site, inspect the condition of the vehicles involved, and recreate how the accident occurred.
EDR Data Analysis: The truck’s event data recorder (EDR) and Engine Control Module (ECM) is among the most critical pieces of evidence that must be obtained and analyzed. Our lawyers along with black box analytics experts will evaluate the truck’s speed, engine RPMs, and braking and steering action during the last moments of the accident.
On-Board Computers and Video Cameras: Many large trucking companies now have on-board computers and even video cameras that show the actions of a truck driver and traffic in front of the truck. We will obtain this information that can be crucial in how the wreck occurred. On-board computers are also equipped with GPS that allows are truck wreck attorneys to audit truck driver’s logs to determine if they have faked their hours worked or hours slept before the wreck.
Driver & Employer Records: We will assess the negligent truck driver’s log books, medical history, driving record, employment record, cell phone and GPS data, and any Hours of Service (HOS) violations in the past. We will obtain and review the trucking company’s driver training manuals, employment policies, and any communication or documents that indicate an unfair business practice of pressurizing the drivers to meet harsh delivery deadlines.
Wrongful Death Damages in a Houston Truck Wreck
According to the Texas Civil Practice and Remedies Code Section 71.004 if a Houston truck wreck results in the victim’s wrongful death, the decedent’s surviving spouse, children and parents may be eligible to recover damages from the at-fault parties. Our dedicated and compassionate Houston truck wreck lawyers will fight to protect your right to compensation in a wrongful death claim, which may cover:
Economic Damages
Medical bills incurred before the truck wreck victim’s death
Loss of financial support to the surviving spouse, children, and parents
Loss of inheritance (the amount the decedent was expected to save and leave to the loved ones in normal circumstances)
Funeral or burial expenses borne by the claimants
Non-economic Damages
Pain and suffering the decedent had to go through after injury and before wrongful death
Loss of consortium and emotional support the family members may suffer
Loss of guidance to the surviving children
Bystander claim (mental anguish of the family members in case they were a direct witness to the wrongful death of their loved one)
Punitive Damages
If the defendants in a Houston truck wreck wrongful death case acted with utter disregard to the safety of others on the road or acted with malicious intent, we will also pursue punitive or exemplary damages in order to maximize your claim.
Truck Driver Fatigue:
A truck driver for the largest milk hauler in the United States fell asleep at the wheel, causing a wreck that killed my mom, Julia Jones. When the insurance company wouldn’t settle, 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. - Tina K.
Personal Injury Damages in a Houston Truck Wreck
Economic Damages
Current and future medical costs and life care expenses
Current and future loss of wages
Diminished or lost earning capacity
Cost of home modifications, prosthetics, and assistive devices
Non-economic Damages
Pain and suffering
Mental anguish
Disfigurement and/or physical impairment
Loss of consortium
Punitive Damages
When the actions of the defendants are particularly egregious, we will also pursue punitive or exemplary damages to maximize your recovery.
The proven and capable Houston truck wreck attorneys at Miller Weisbrod Olesky will evaluate every possibility to increase your financial compensation and hold all possible defendants accountable for your injuries and losses. Our legal team will assist and support you at every step during the legal process and help you recover your rightful damages so that you and your family can move forward in life.
The leader in Truck Wreck legal education for more than 30 years
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. 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 Truck Wreck Cases throughout the state of Texas.
Miller Weisbrod Olesky Houston 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.
