Getting into an accident with an 18-wheeler in San Antonio can have life-altering consequences. What could be minor car wreck with an average motor vehicle car may result in catastrophic injuries or even death when you are hit by an 18-wheeler.
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An 18-wheeler is typically a combination of a tractor unit and one or more semi-trailers to carry commercial cargo. Standard 18-wheelers engaged in interstate commerce in San Antonio can weigh up to 80,000 lbs. when fully loaded. These tractor trailers are usually about 70 ft. long, 13½ high, and have five axles.
But 18-wheelers hauling oversized cargo may be much longer, higher, and heavier. The turning radius of 18-wheelers is also huge compared to passenger cards, and they require up to 50% more distance for coming to a stop after braking. Clearly, the risks of injury and fatality are much higher in accidents involving 18-wheelers.
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.
At Miller Weisbrod Olesky, our San Antonio 18-wheeler accident lawyers take great pride in fighting for the rights of the injured victims, and helping them obtain the largest possible compensation they are entitled to. Our legal team will move quickly to gather the crucial evidence and pursue an aggressive strategy against the trucking company and truck driver to maximize your financial recovery.
Where a jury trial becomes necessary, we have the experience, track record and resources to take on powerful trucking companies and large insurance providers to prove their responsibility in court and win the financial compensation you rightfully deserve.
Interstate 35
An 18 Wheeler was traveling through South Central Texas to drop off its load, and crashed into our client on Interstate 35. The attorneys of Miller Weisbrod Olesky held the trucking company responsible for deaths of 2 people from Mexico.
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
Most Dangerous Roads in San Antonio for Truck Accidents
In recent years, San Antonio has been witnessing a record number of deadly crashes, including 18-wheeler accidents. According to the police and traffic investigators, a vast majority of these accidents are preventable. Some of the most dangerous roads and intersections in San Antonio with a high risk of 18-wheeler accidents include:
Loop 410: This interstate highway, also known as I-10, ranks among the most dangerous roads passing through San Antonio. Thousands of city residents use it every day to get to school or work, and many others use it to avoid the downtown traffic. Major causes of 18-wheeler accidents on Loop 410 include speeding, drunk driving, and 18-wheelers failing to clear their blind spot.
Loop 1604: One of the two ring roads in San Antonio, Loop 1604 ranks among the top 10 most dangerous intersections in Texas. Hundreds of accidents, injuries and fatalities have occurred in recent years at three different intersections, including: I-10, Bandera, and Braun.
I-35: According to news reports, San Antonio’s deadliest intersection is I-35 and Highway 90. Each year a significant number of 18-wheeler and other truck wrecks, injuries and fatalities are reported from here.
I-10: Interstate 10 is a widely used roadway with many businesses and leisure spots located around it. Drivers of 18-wheelers can sometimes get distracted as they look for their destination, or lose control due to fatigue, drowsiness, or other factors. Key danger zones on this highly are where it intersects with other busy roads, including Loop 1604 and I-35.
Rollover Accidents:
When an 18-wheeler driver loses control of their vehicle for failing to adjust speed on the road curves, the truck can roll over, hitting other vehicles.
Head-on Collisions:
An 18-wheeler driver may be affected by “highway hypnosis” (dozing off on the wheel) if they are fatigued or drowsy. As a result, they may lose control of the truck, and swerve into oncoming traffic.
Rear-end Crashes:
An 18-wheeler requires about 40 to 50% more space than a passenger car to come to a complete stop. A slight lack of alertness of the truck operator can cause the fully-loaded big rig to hit another vehicle from behind.
Underride Crashes:
In a crash between a 18-wheeler and another vehicle, the smaller vehicle may sometimes get stuck underneath the commercial truck’s trailer, resulting in deadly consequences.
Jackknife Accidents:
When an 18-wheeler slams the brakes too hard and fast, it may cause the trailer to skid, while the cab and trailer swivel where they are linked together, folding into a 90-degree angle.
Tire Blowouts:
With 18 tires in a single vehicle, the risk of a tire blowout is particularly higher in an 18-wheeler when it is traveling at a high speed. This can result in a devastating accident with another vehicle.
Runaway Trailer: An overloaded or improperly secured trailer of an 18-wheeler can sometimes detach or loosen from the truck, causing it to collide with a motor vehicle.
Blind Spots: An 18-wheeler will have major blind zones on all four sides. If the truck operator is unmindful of another vehicle passing through the blind spot, they can hit the vehicle, leading to catastrophic consequences.
Absence of Side Underride Guards on Trucks Responsible for Injuries and Fatalities In San Antonio Truck Accidents
In 2015, a young man tragically lost his life in a side impact collision with a heavy truck. The young man was en route to high school when an 18-wheeler veered into his lane. The impact caused teen's car to collide with the side of the massive truck and become wedged beneath it, trapped between the front and rear wheels.
Instead of stopping, the truck driver continued driving, dragging the young man and his mangled car along the highway for half a mile. The car eventually caught fire, and by the time firefighters arrived to extinguish the flames, it had been reduced to a charred wreck. The teen driver did not survive.
This heart-wrenching incident highlights a major safety concern related to large trucks. Even when commercial trucks are equipped with rear guards, there are no safeguards in place to prevent cars from striking the side of a truck and becoming lodged underneath. The National Highway Traffic Safety Administration (NHTSA) has yet to establish regulations mandating any form of underride guard on the sides of trucks.
Trucking Industry Continues to Ignore Side Underride Guards
Many companies in the trucking industry in San Antonio, unfortunately, continue to disregard the implementation of side underride guards. Engineers have developed various devices (primarily constructed from sturdy steel tubes) that can be installed on the undersides of semi-trailers to prevent side underride crashes like the one that claimed the young man’s life profiled above. Unfortunately, these safety advancements have largely been ignored by the trucking industry.
Many commercial trucks in San Antonio are fitted with lightweight panels (skirts) positioned between the front and rear wheels, which do not function as side guards. These panels are designed to enhance fuel efficiency but offer no safety benefits, as they collapse upon impact.
During the wrongful death litigation for the above-profiled case, investigators discovered a rather questionable agreement among major trucking companies. These companies had secretly pledged to work together to obstruct any lawsuits manifesting from side and rear underride crashes.
As part of this pact, crucial truck safety information was to remain confidential and inaccessible to anyone outside of the circle of trucking companies. It became apparent that these large trucking corporations were willing to invest heavily in fighting legal battles instead of directing their resources and efforts towards addressing an evident hazard in every day truck accidents. Clearly, profits took precedence over human lives.
In 2019, after a two-week wrongful death trial following the death of the teen killed in the side impact profiled above jurors found the trucking company negligent and ordered it to pay the family nearly $19 million. This verdict stood as one of the largest in recent years, significantly impacting the trucking industry.
Despite such consequences, the trucking industry remains vehemently opposed to the implementation of side guards. The American Trucking Association, in a letter to Congress, argued that there was insufficient scientific evidence on side guards for 18-Wheelers and advocated for further research before mandating their use.
At Miller Weisbrod Olesky, our proven and knowledgeable San Antonio truck accident lawyers understand the challenges faced by injured victims and their families in the aftermath of a truck crash. We possess the skills and resources necessary to establish compelling evidence to support your truck injury or wrongful death claims. We will vigorously pursue the trucking company, insurance providers, and other potentially liable parties to ensure you receive the largest possible compensation for your injuries and losses after a truck wreck.
Insurance Companies in San Antonio are Not on Your Side
When you are in the most vulnerable condition after an accident with an 18-wheeler, it is easy to fall prey to the tactics of insurance companies whose mandate is to maximize their profits by denying or minimizing your injury claims. Our San Antonio 18-wheeler accident attorneys caution injured victims and their families to be wary of their tactics, which may include:
Extracting Statements: The insurance adjuster may show sympathy to gain your confidence, and eventually make you say things that they will use later against you to reduce your claim’s value. They may also ask you for a recorded statement, which you are not legally required to provide.
Surveillance: There is always a chance that the insurance company will engage in fair or unfair surveillance tactics to obtain images, videos, taped conversations, and social media evidence, which can they can later use against you during negotiations or at a jury trial.
Blaming You: Under the harsh Texas modified comparative negligence standard, if you are found to 51% or more at fault for your own accident and injuries, you cannot recover any damages. Insurance companies will use all tactics to put the blame on you so that they can escape liability.
Texas handles fault through a 51% modified comparative negligence law. Under this rule, a claimant can demand compensation from a defendant as long as that claimant is less than 51% at fault for their own injuries and damages.
When Should You Contact Our San Antonio 18-Wheeler Accident Lawyers?
Following an accident with an 18-wheeler, you should reach out to our trusted and experienced 18-wheeler accident lawyers in San Antonio as soon as possible. We will immediately shield you from the adverse tactics of the trucking company and their insurers, and represent you strongly in all negotiations with the insurance company on your behalf.
Our in-house investigators, video team, and attorneys will lose no time in collecting physical and forensic evidence from the crash site, downloading crucial data from the truck’s black box, talking to eyewitnesses, obtaining driver’s logs and employer records, and hiring accident reconstructionists to re-create how your accident and injuries occurred.
We will also immediately file and obtain a temporary restraining order (TRO) or a letter of spoliation to prevent all defendants from hiding, altering, destroying, or tampering with the evidence in any way. Our lawyers will build a robust legal strategy with full trial preparations.
With these decisive and fast actions, our negotiating power with the defendants increases as they will know you have a capable legal team on your side that will not hesitate to go to trial to obtain the largest possible damages on your behalf.
Hours of Service (HOS) Regulations for 18-Wheelers in San Antonio
Maximum allowed driving time is 11 hours after remaining off-duty for 10 or more consecutive hours.
Driving beyond the 14th hour (including off-duty time) is not permitted.
Up to 60 hours of driving time is allowed in a 7-day workweek; and 70 hours in an 8-day workweek. The 18-wheeler driver should have spent 34 or more hours off-duty prior to starting a new workweek.
At Miller Weisbrod Olesky, our San Antonio 18-wheeler accident attorneys are determined to hold trucking companies accountable for your injuries and losses when their pressure tactics cause truck drivers to commit HOS violations, resulting in your accident. Our lawyers will investigate and prove the following facts to establish liability of the trucking company:
Setting unrealistic delivery schedules for drivers, which forces them to unofficially drive beyond their hours of serve to meet deadlines.
Paying bonuses to 18-wheeler drivers based on maximum deliveries, thereby encouraging drivers that falsify their logs, while dis-incentivizing those that follow the HOS rules.
Offering incremental pay to drivers for delivery loads beyond a certain limit, which pushes them to drive even when they are fatigued or drowsy in order to earn extra pay.
Creating HR policies for 18-wheeler operators, which indirectly favor those who are willing to violate the rules over others who don’t.
Taking retaliatory action or removing truck drivers that refuse to meet demanding schedules that compromise the safety of others.
Statute of Limitations for San Antonio 18-Wheeler Lawsuits
Under Texas Civil Practice and Remedies Code section 16.003(a), you only get two years from the date of accident and injury to file your claim for damages in an 18-wheeler accident. The same time limit also applies in wrongful death claims under section 16.003(b). If the defendant is the State of Texas, you are required to file a notice of claim within six months after the accident. When the defendant is the City of San Antonio, you only get 90 days to submit a notice of claim.
Minimum Liability Insurance for 18-Wheelers in San Antonio
Trucking companies and operators of all commercial motor vehicles, including 18-wheelers in San Antonio are required to follow the FMCSA regulations for carrying minimum liability insurance coverage as follows:
Commercial motor vehicles (CMVs) under 10,001 pounds and carrying non-hazardous cargo: Minimum $300,000 coverage
CMVs weighing 10,001 pounds or more and carrying non-hazardous cargo: Minimum $750,000 coverage
CMVs carrying oil: Minimum $1 million coverage
CMVs carrying hazardous cargo: Minimum $5 million coverage
Types of Damages in 18-Wheeler Accidents in San Antonio
Whether you are an injury victim or someone who has lost a loved one to wrongful death, our dedicated San Antonio 18-wheeler accident lawyers will leave no stone unturned to maximize your economic and non-economic compensation from the liable parties. These may include:
Medical expenses
Emergency room costs
Diagnostic exams, including imaging tests and lab work
How much will it cost to hire a San Antonio 18-wheeler accident attorney?
Miller Weisbrod Olesky does not charge you anything upfront, and you do not have to pay us a dime if we don’t recover compensation for you. We will only charge a pre-agreed percentage as fee from your settlement or jury award, if we win your case.
What if the trucking company or the insurance company is offering me an instant payment as settlement?
You may have no real idea of how much your 18-wheeler injury or wrongful death claim is worth. It’s almost never a bright idea to accept lowball settlement offer from the defendants without consulting with a trusted lawyer first to evaluate your claim’s worth.
How do I receive good medical care without a health plan?
At Miller Weisbrod Olesky, our San Antonio 18-wheeler lawyers will prioritize your well-being over everything else. We may be able to help you obtain the best medical care, whether or not you have health coverage. Getting proper medical treatment is a rightful part of your injury claim.
What do I do if the insurance company asks me to give a recorded statement?
You should politely refuse to provide any verbal, written or recorded statement to the insurance company or representatives of the trucking company. You are under no legal obligation to provide it, and it will not jeopardize your claim. Let our attorneys represent you to deal with the defendants on your behalf as soon as possible.
Who is eligible to claim wrongful death damages in a San Antonio wrongful death 18-wheeler accident?
Under the Texas Civil Practice and Remedies Code Chapter 4, the surviving spouse, child or parents of the decedent are eligible to file a wrongful death claim for damages individually or collectively. In absence of a claim from these parties within three months after the wrongful death, a representative of the decedent’s estate may file the claim on their behalf.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our San Antonio 18 Wheeler 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 San Antonio 18 Wheeler 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.
