Commercial vehicle accidents present distinct challenges compared to typical passenger car crashes. The sheer size and weight of commercial vehicles often surpass the average car by 10 to 20 times, significantly elevating the potential for catastrophic injuries, permanent harm, or wrongful death. To ensure adequate compensation for the victims, commercial vehicle carriers are legally obligated to obtain substantial liability insurance coverage.
It's disheartening to observe, however, that insurance providers and trucking companies frequently reject their responsibility, often attempting to shift the blame onto the injured victims. At Miller Weisbrod Olesky, our team of San Antonio commercial vehicle accident lawyers is resolute in safeguarding your rights and holding these negligent parties accountable for damages.
Click the Number Below to Call San Antonio Commercial Vehicle Accident Attorneys
Backed by formidable legal expertise and ample resources, we stand prepared to match the defendants' power. Our track record of securing multi-million dollar settlements and verdicts is a testimony to our commitment to justice.
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.
Commercial Vehicle Accident: Our client was hit head on by a company truck. Her vascular system was badly damaged and over the course of a month her lower leg’s blood flow was so compromised that serious gangrene set in leading to an amputation. The case settled for $7,000,000.00.
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
What Constitutes a Commercial Motor Vehicle in San Antonio?
In accordance with Section 390.5 of the Federal Motor Carrier Safety Regulations, a commercial motor vehicle in San Antonio is classified as any vehicle engaged in interstate commerce and possessing a gross vehicle weight of 10,001 pounds or more. This definition encompasses various vehicles, such as small package delivery trucks, straight trucks, box trucks, and pick-up trucks towing trailers.
Pertaining to this, under the FMCSR Section 382.107 and Section 383.5, commercial motor vehicles with a gross vehicle weight of 26,001 pounds or more are specifically identified. In San Antonio, these CMVs typically consist of tractor-trailers, semi-trucks, and 18-wheelers. It’s important to note that all commercial motor vehicles in San Antonio must adhere to rigorous FMCSA regulations designed to ensure the safety of all road users.
Importance Of CDL Pre-trip Inspections For Commercial Vehicles In San Antonio
The Federal Motor Carrier Safety Administration (FMCSA) mandates that all commercial truck and bus drivers perform a pre-trip inspection before operating a commercial vehicle. The pre-trip inspection requirement is outlined in the Code of Federal Regulations (CFR) under 49 CFR § 396.13.
A Commercial Driver's License (CDL) pre-trip inspection is a key aspect of ensuring the safety and efficiency of commercial vehicles in San Antonio. This pre-trip inspection involves a systematic examination of various components of the truck before starting a trip.
If the inspection is ignored or if a mechanical failure or safety issue is discovered during an inspection but not addressed, and it contributes to your commercial vehicle accident, the truck driver and the trucking company will face increased liability. Our San Antonio commercial vehicle accident attorneys will closely investigate whether a violation of CDL pre-trip inspection requirements led to your commercial vehicle accident and personal injuries.
Important Steps in a CDL Pre-trip Inspection for Commercial Truck Drivers
Engine Compartment
Check the engine oil level and ensure it is within the recommended range.
Inspect the coolant level and ensure it is at the proper level.
Verify that the power steering fluid and brake fluid are at the appropriate levels.
Look for any signs of leaks, such as oil or coolant leaks.
Examine the belts and hoses for any cracks, fraying, or signs of damage.
Front of the Vehicle
Check the condition of the front suspension, including the springs, shock absorbers, and steering linkage.
Inspect the tires for proper inflation, tread depth, and any signs of damage or uneven wear.
Examine the brakes, including the brake pads, drums, and hoses.
Check the headlights, turn signals, and marker lights to ensure they are functioning properly.
Verify that the windshield wipers and washers are working correctly.
Driver's Side of the Vehicle
Check the condition of the mirrors, ensuring they are clean, properly adjusted, and secure.
Inspect the condition of the windows and windshield for cracks or damage.
Verify that the door hinges, latches, and locks are functioning correctly.
Check the condition of the steps, handholds, and grab rails for safety.
Rear of the Vehicle
Inspect the condition of the rear suspension, including the springs and shock absorbers.
Check the tires on the rear axle for proper inflation, tread depth, and any signs of damage or uneven wear.
Examine the condition of the rear lights, reflectors, and license plate illumination.
Ensure the rear doors or cargo area is secure and functioning properly.
Check the condition of the rear bumper and any rear-mounted equipment.
Under-Vehicle Inspection
Check for any signs of leaks, such as oil, fuel, or coolant.
Inspect the condition of the exhaust system, including the muffler and pipes.
Verify the condition of the driveline, including the driveshaft, universal joints, and axles.
Check the condition of the suspension components, such as leaf springs and airbags.
In-Cab Inspection
Ensure that the seat and seatbelt are in good condition and properly adjusted.
Verify that all gauges and indicators on the instrument panel are functioning correctly.
Test the operation of the horn, windshield wipers, and other controls.
Check the condition of the steering wheel and ensure it is secure.
How Our San Antonio Commercial Vehicle Accident Attorneys will Prove Pre-trip Inspection Violations?
At Miller Weisbrod Olesky, one of the important aspects of our investigation into your accident and injuries will be to determine whether the CMV driver failed to perform pre-trip inspections, whether the trucking company failed to supervise these inspections, or whether there was negligence in addressing the defects identified during a CDL pre-trip inspection.
Examine maintenance records: We will obtain records from the trucking company or the owner-operator that detail the maintenance history of the commercial vehicle involved in the accident. Our experts will look for any patterns of negligence or failure to address known defects.
Identify any previous maintenance issues: We will determine if there were any previous incidents, complaints, or violations related to the commercial vehicle's maintenance or defects. This information can support your claim that the lack of inspections or repairs contributed to the accident.
Engage accident reconstruction experts: We will consult with accident reconstruction experts who can analyze the evidence, including the condition of the commercial vehicle, the accident scene, and witness statements. They can provide an expert opinion on how the failure to perform inspections or address defects may have contributed to your accident.
Consult with mechanical experts: We will seek opinions from mechanical specialists and automotive engineers who can assess the condition of the commercial vehicle and identify any defects or issues that should have been detected during a pre-trip inspection.
Our San Antonio commercial vehicle accident lawyers will utilize all the evidence and expert opinions to prove a connection between the failure to perform pre-trip inspections or address defects and your accident. We will show how the lack of inspections or repairs directly contributed to the circumstances that led to your accident, and hold the defendants liable for the largest possible damages.
The Process Our Attorneys Follow to Secure Your Deserved Compensation
Once you enlist our legal representation, our skilled team of San Antonio commercial vehicle accident lawyers will swing into action immediately. Utilizing our extensive legal knowledge, years of experience, and financial resources and connections, we will vigorously pursue the highest possible compensation for you. Here are the key steps we will take:
Medical Care: We will assist you in accessing top-quality medical care to aid in your recovery, while ensuring meticulous collection and preservation of all relevant medical records.
Letter of Spoliation or Temporary Restraining Order (TRO): Swiftly, we will send a letter of spoliation or a TRO to all defendants to prevent the loss of crucial evidence.
Crash Site Investigation: Our team of investigators, video experts, and lawyers will rush to the scene of accident to gather physical and forensic evidence while it remains fresh.
Eyewitness Testimonies: We will identify and reach out to potential eyewitnesses, including first responders, to gather their testimonies and strengthen your injury claim.
EDR Data: We will extract and preserve Event Data Recorder (EDR) information from the commercial vehicle, enabling us to determine the events leading up to the accident.
Gathering Additional Evidence: We will acquire dashcam footage, driver's logs, trucking company’s records, cargo load details and freight information, as well as the truck’s inspection and maintenance records, to identify any regulatory violations.
Accident Reconstruction: Our team of accident reconstruction experts, forensic experts, and crash investigators will collaborate to reconstruct the accident scene, providing evidence of the defendants' negligence.
Negotiations with Insurers: Backed by hard evidence, we will negotiate with the defendants from a position of strength, aiming for the largest possible settlement on your behalf.
Trial Preparation: Our San Antonio commercial vehicle accident lawyers will meticulously prepare for trial, demonstrating our firm determination and readiness to seek maximum damages on your behalf.
Notably, in commercial vehicle accident cases, time is of the essence. It’s crucial to gain a strategic advantage over the defendants, secure all available evidence before it becomes diluted or disappears, and engage in aggressive negotiations with the defendants based on a compelling proof of liability.
Our seasoned San Antonio commercial vehicle accident attorneys will closely work with you to understand your needs and goals, formulating a settlement and/or trial strategy to achieve those objectives. In cases involving substantial financial claims for damages, insurance adjusters and trucking companies may resist quick settlements and use aggressive strategies to litigate the matter in court.
In such instances, three factors typically work in your favor to obtain the highest possible settlement:
Compelling Evidence: We will construct a strong body of evidence that clearly establishes the defendants' liability.
Trial Preparedness: Our extensive readiness for trial and our commitment to investing maximum resources will demonstrate our resolve to fight for your rights.
Track Record: The formidable record of Miller Weisbrod Olesky in securing multimillion-dollar settlements and verdicts for clients will lend credibility to our pursuit of just compensation.
By leveraging these factors, we strive to expedite the process and secure the maximum financial settlement for you.
Recoverable Damages in San Antonio Commercial Vehicle Accident Cases
Personal Injury:
Medical Expenses: Including costs for surgeries, physical therapy, and mental health counseling.
Future Medical Care: Compensation for anticipated medical treatments and long-term rehab.
Disfigurement and Scarring: Coverage for necessary medical procedures such as skin repair and plastic surgery.
Loss of Wages and Future Income: Reimbursement for current and projected income losses.
Pain and Suffering: Compensation for physical and emotional distress experienced.
Mental Anguish: Damages awarded for psychological suffering endured.
Loss of Consortium and Enjoyment of Life: Compensation for the loss of companionship and inability to engage in activities once enjoyed.
Home Modifications: Coverage for necessary adjustments to accommodate disabilities.
Assistive Devices: Compensation for specialized equipment or aids needed for daily living.
Wrongful Death:
Medical Expenses: Including costs incurred from the deceased person's final injury.
Loss of Income and Benefits: Reimbursement for the income and benefits the deceased would have provided.
Funeral or Burial Expenses: Coverage for the costs associated with the funeral or burial.
Pain and Suffering: Compensation for the suffering endured by the deceased before their passing.
Loss of Companionship: Damages awarded for the loss of companionship due to the death.
Loss of Care: Compensation for the loss of care the deceased would have provided to dependents.
Bystander's Damages for Mental Anguish: Compensation for close relatives who witnessed the accident and experienced emotional distress.
In certain cases, exemplary or punitive damages may be awarded if the negligent actions of the defendant demonstrated a severe disregard for the safety of other people.
Statute of Limitations for Commercial Vehicle Accident Claims in San Antonio
According to the Texas Civil Practice & Remedies Code Section 16.003, you have two years from the date of your accident and injury or two years from the date of wrongful death of a loved one to file your claim. Time is of essence in these cases because evidence may disappear, get diluted, distorted, or tampered with if you too much time passes.
The goal of our San Antonio Commercial Vehicle Accident Lawyers at Miller Weisbrod Olesky is to seize the advantage over the defendants and build rock-solid evidence to get you the financial compensation you rightful deserve for your injuries and losses. Call us for a free, no-obligations consultation. We work on a contingency fee basis, which means you don’t pay anything unless we obtain for you the compensation you deserve.
Click the Number Below to Call San Antonio Commercial Vehicle Accident Attorneys
Our San Antonio Commercial Vehicle 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.
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 Commercial Vehicle Accident Attorneys
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.
