Commercial trucks play an important part in Austin’s economy, carrying massive cargo loads on Austin’s roads every day. But the trucking companies in Austin often stretch the limits of road safety and endanger the lives of others in their effort to maximize shipment volumes, cut down their operating costs, and outclass their competitors in the business. Over the last several years, truck accidents in Austin have been increasing, despite strict federal truck safety regulations and improving trucking technologies.
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.
If you have been injured or someone you love was killed in a commercial truck accident in Austin, you may have a strong case against the negligent 18-wheeler driver, trucking company, and other potentially liable parties. At Miller Weisbrod Olesky, our dedicated Austin truck accident attorneys have the skills, resources, and experience to prove the fault of the negligent parties and win you the large settlement you deserve.
Our demonstrated track record of multi-million dollar settlements and verdicts in commercial truck accident cases, and our relentless pursuit of justice and financial damages on behalf of the injured victims have made Miller Weisbrod Olesky one of the leading truck accident law firms in Austin and the rest of Texas. The people of Austin trust our lawyers who are recognized statewide as well as nationally for protecting the injured victims’ rights and holding large trucking companies and insurers accountable before the law.
Interstate 35
A commercial 18 Wheeler was traveling through Austin on the way to drop off its load and the wreck occurred in Central Texas on Interstate 35. 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!
Interstate 35: A research study showed that the stretch of I-35 running through Austin is one of the most congested during rush hours. In addition, road construction is a common occurrence in this area. Distracted, fatigued, or speeding truckers anxious to meet delivery deadlines pose a high risk of accidents here.
US-290: This is the main thoroughfare between Austin and Houston. Heavy traffic on this east-west highway is a regular occurrence. Commercial trucks on this stretch are known to speed or engage in other dangerous driving practices, increasing the risk of accidents for others on the road.
Highway 183: This north-south highway runs through various small towns in Central Texas. Austin is the only major metro area along US route 183. Unfortunately, when it comes to serious accidents involving commercial trucks, this is one of the most dangerous roadways in Texas.
Loop 1: Popularly known as “Mopac,” Loop 1 is a freeway providing access to the western part of Austin. During the rush hours, the freeway experiences heavy traffic congestion. Tractor-trailer accidents, especially rear end crashes are commonly reported on this route.
Poor Trucking Safety Standards Contribute to Serious Underride Truck Accidents in Austin
In 1998, NHTSA finally introduced a regulation mandating stronger rear guards for newly manufactured semitrailers to reduce injuries and death in truck accidents. Unfortunately, this requirement only applied to new tractor-trailers, leaving older model trucks already on the road exempt. It soon became evident to trucking safety experts that this landmark truck safety regulation was deeply flawed. Analyzing data from numerous collisions, researchers discovered a concerning pattern: Rear guards built according to the new federal standard were still failing, resulting in severe underride truck wreck crashes.
In 2010, the IIHS conducted crash tests on semitrailers equipped with guards meeting the updated federal standard. The results were disheartening. Guards manufactured by the eight largest semitrailer makers in the United States, except for one, catastrophically collapsed during the truck crash tests. Had these truck crashes been real, the occupants of the cars involved would have faced fatal or severe injuries.
Devastating Consequences for the Injured Victims in Austin Underride Accidents
The consequences for victims of trucking underride accidents are often catastrophic. It’s evident that the truck safety standards implemented to protect against these crashes are inadequate. Experts argue that the NHTSA has been making critical policy decisions on this matter based on potentially flawed scientific data, leading to disastrous real-world outcomes.
In 2013, a mother from Georgia experienced the devastating effects of the insufficient truck safety standards firsthand. While driving her Ford Crown Victoria sedan with her two daughters in the backseat and her son beside her, their lives were forever changed. This young mother encountered slow-moving traffic and slowed down, but a truck driver failed to do the same. The collision caused the mother’s vehicle to spin and crash into the rear end of another semi-truck, becoming wedged underneath it.
Catastrophically, the truck's rear guard detached completely, falling onto the ground. Photographs taken at the crash scene depicted debris strewn across the road. Rescuers equipped with hydraulic cutting tools had to dismantle the car to free the young mother and her children.
The severe impact claimed the life of one daughter instantly, while her younger sister survived for a few days in the hospital before succumbing to her injuries. The young boy passenger suffered a traumatic brain injury. Following the crash, the young mother petitioned the NHTSA and has been involved in activism related to truck safety because she believed that if the truck had been equipped with a stronger rear-impact underride guard, her daughters might still be alive today.
Despite the evident dangers posed by truck wreck underride crashes, the NHTSA did not take urgent action. The agency allowed trucking companies to continue manufacturing trailers with weaker guards. It wasn’t until 2022, more than a decade after the IIHS tests, that the NHTSA finally updated its truck safety rules relating to underride guards.
Although the government has made incremental progress in addressing rear underride trucking crashes, experts emphasize that further regulations are required to tackle accidents occurring when a passenger vehicle collides with the side of a large truck. These truck wreck rear underride collisions claim the lives of hundreds of individuals each year.
At Miller Weisbrod Olesky, our accomplished team of Austin truck accident lawyers specializes in handling claims related to large truck accidents. With a proven track record of securing millions in truck accident settlements and verdicts for our clients, our top-rated trucking legal team is ready to support you. Contact us without delay, and we will swiftly gather evidence and build a compelling case to pursue maximum financial compensation from all responsible parties.
Why You Need Our Austin Truck Accident Attorneys on Your Side?
Miller Weisbrod Olesky is one of the top truck accident law firms in Texas. Trucking insurance companies know that we fight for our clients and have trial successes when the companies fail to pay fair settlements. In a truck accident personal injury or wrongful death case in Austin, quickly obtaining legal representation with our law firm allows us to quickly preserve evidence from destruction and begin fighting for you – trust us the trucking company and truck driver already have insurance company lawyers working to defend your case.
Do not be outmatched! Here’s why you need a top truck accident specialist law firm like ours:
Large Commercial Truck Accident Claims are Complicated
In truck accident cases in Austin, the burden of proof lies on the injured victim. Proving the vicarious (indirect) liability of the trucking company and any other third parties is critical in order to maximize your claim. Proving the negligence of the truck driver, trucking company, cargo loader, trucking brokers, truck repair & maintenance provider, or other liable parties is not a simple exercise.
Our Austin truck accident lawyers have the knowledge as well as a network of experts in federal and state trucking regulations, truck engineering, medicine, forensics, and accounting to reconstruct your accident, collect evidence, prove liability of all negligent parties, and prove your maximum damages in order to obtain the largest possible financial compensation for you.
Evidence in Truck Accident Cases will Disappear or be Destroyed
Skid marks, accident debris, surveillance videos and damaged vehicles all fade or will be destroyed if not preserved quickly. Some evidence disappears quicker than other evidence. When you hire our law firm, we start working on your case immediately with in-house investigators, attorneys, and accident reconstruction experts.
Many tractor-trailers have important computer information that can be lost or destroyed. Engine control modules on almost all 18-wheeler engines may contain important pre-crash data including information about speed, braking and steering. Many trucks have on-board computers that can show where the truck was in the days and hours before to help in determining if the truck driver was driving more hours than the law allowed or was distracted right before the wreck.
Driver’s cameras are becoming very common but the video may be deleted or overwritten if not preserved. This video may show the actual crash and exactly what the driver was doing in the seconds leading up to the truck accident.
Trucking Companies and Insurers Regularly Deny Liability
Trucking companies and insurance giants that provide liability coverage to these companies are determined to deny or diminish your injury claim. For you it’s a one-time catastrophic event, but for them it’s their regular business to deal with trucking accidents. The moment the truck driver reports to them about your accident, they will mobilize all their resources and legal might to protect their financial interests and reduce your claim.
At Miller Weisbrod Olesky, our experienced Austin truck accident attorneys have the resources and a proven record of taking on powerful trucking companies and large insurance carriers and prove their negligence. We know the tactics they will adopt, and will meticulously prepare for the trial, while the negotiations are on. Looking at our evidence, trial readiness, and our track record, the defendants are more likely to settle your case for maximum damages.
Many law firms are unable to match the financial and legal might of powerful defendants in truck accident cases which may result in a much smaller settlement than you deserve. To win the maximum financial award you are entitled to, Miller Weisbrod Olesky has the skills and resources to match or exceed those of the negligent parties.
Our Austin truck accident lawyers will spare no resource and leave no stone unturned to hire top expert witnesses, spend whatever it takes to collect and preserve crucial evidence, identify multiple liable parties and invest all the money, manpower, and technology required to prove their individual and/or several liability, and pursue the strongest possible legal strategy for maximum settlement or court verdict in your favor.
The Role of Dashcam Video Footage from the Truck
In truck accident cases, our experienced Austin truck accident attorneys will move fast to secure and download Event Data Recorder (EDR) information from the truck because it contains crucial information related to the truck’s engine, braking system, power steering, gear shifting, speed levels, and tire pressure just before the accident.
In addition, we will also collect dashcam video evidence to reconstruct what transpired in the moments before the accident. Dashcam installation in trucks in not mandatory, but many trucks have it anyway. We will ensure this evidence is obtained before it gets deleted or distorted.
Forward Facing Camera Footage: This will show us what the truck driver was seeing on the road. It may reveal how fast the truck was moving, whether it was too close to your vehicle, and whether any dangerous driving actions, such as risky lane changing took place.
Driver Facing Camera Footage: This will reveal the trucker’s actions just before the accident. If the negligent driver was texting, eating, talking, yawning, dozing off on the wheel, using an in-vehicle gadget, or was looking away from the road, this footage will provide us evidence of that.
Proving the Liability of the Cargo Loader
Sometimes mistakes in cargo loading or securing may have contributed to your truck accident and injuries. Our skilled truck accident lawyers in Austin will investigate this possibility, and prove whether the cargo loader is liable for one or more of the following negligent errors:
Overloading beyond the truck’s gross vehicle weight rating
Loading the cargo haphazardly and unevenly
Loading top-heavy cargo
Failure to block the cargo from sliding
Stacking cargo near the flatbed trailer’s outer edge
Failure to use proper cargo restraints
Failure to secure the cargo tarp
Using old or worn out ropes to secure the cargo
Using irregular cargo net that fails to cover the full load
Loading dangerous goods or hazardous materials without license
A Historic Shortage of Skilled Commercial Drivers in Austin
According to the American Trucking Association’s own figures, the trucking industry in Austin and the rest of the state and the country is going through a historic shortage of qualified commercial truck drivers. As many as 80,000 positions remain unfilled right now, and the shortage trends are only expected to worsen over the next few years.
At Miller Weisbrod Olesky, our truck accident attorneys in Austin will investigate this aspect and seek evidence to show that the trucking company pressured the truck driver to follow unrealistic delivery schedules, turned a blind eye to fake driver’s logs or indulged in negligent hiring practices in order to overcome driver shortage. These are critical factors that may have caused distracted driving, aggressive driving, drowsy or fatigued driving, speeding or other dangerous driving behaviors that cause your accident and injuries.
Our attorneys also have data to show that aging of commercial truck drivers is another workforce trend that may contribute to truck accidents. The current average age of a truck driver in Texas is already above 50 years. As a large number of experienced drivers are retired or nearing retirement, trucking companies are replacing them with younger, inexperienced drivers with inadequate hiring and training practices. We will investigate these factors to prove the trucking company’s liability in your accident.
Commercial Truck Operators in Austin are Bound by Federal Regulations
Our seasoned Austin truck accident attorneys at Miller Weisbrod Olesky have in-depth knowledge of the applicable federal laws and regulations enforced by the FMCSA. We will investigate and establish if the trucking company and the negligent driver violated any of these laws, which contributed to your accident and injuries.
CDL Requirements: Driving a commercial truck requires specialized skills and training. According to the FMCSA’s CDL requirements, the commercial driver’s license (CDL) must be obtained only through the home state (multiple state licenses are illegal). Moreover, special endorsements may be required for trucks with multiple trailers, tanks, or hazardous cargo.
Medical Fitness: All interstate commercial truck drivers operating a commercial motor vehicle with a maximum gross vehicle weight rating of at least 10,001 pounds are required to obtain and maintain a valid ME Certificate (Medical Examiner’s Certificate). Our truck accident lawyers will investigate whether the negligent trucker and carrier maintained a valid ME certificate.
Vehicle Inspection: According to the federal regulation 49 CFR 396.11, at the end of each day’s work, the commercial truck driver must inspect the vehicle and make a written and signed report on the vehicle operated. The report must cover brakes, steering, tires, lighting devices, wheels and rims, and other parts that affect the safe operation of the truck.
Hours of Service: HOS rules limit the number of hours a truck driver can operate the big rig before taking a mandatory break. We will investigate whether pressure from the trucking company to meet unrealistic delivery deadlines or maximize business volume led to any HOS violations.
Trucker’s Log Book: Commercial truck drivers in Austin are required to maintain a daily log, which is called the “driver’s record of duty status.” We will obtain the log book to determine if there was a violation or a pattern of flouting the rules under Part 395.8, Title 49.
Cell Phone Use: Drivers of big rigs in and around Fort Worth are not permitted to use a hand-held mobile device while driving or texting while operating the big rig. Our lawyers will investigate any violation of the rules found in Part 392.80 and Part 392.82 to prove liability of the defendants.
Alcohol & Drug Tests: Commercial truck drivers are bound by stringent rules for drug and alcohol testing. Our dedicated truck accident lawyers in Austin will look for evidence to show if these test requirements were ignored or there is a history of failed intoxication tests under Part 40, Title 49.
Sleep Apnea Rules: If a commercial truck operator in Austin is diagnosed with moderate to severe sleep apnea, they are disqualified from driving under the FMCSA rules. Our legal team will obtain evidence if the driver was medically unfit to operate or was not carrying a valid medical examiner’s certificate.
Knowledge of English: In Austin, every commercial truck driver should have the ability to read and speak English up to a level of reading highway traffic signs and interacting with the people. Our attorneys will review employer records to see if there was negligent hiring in violation of Part 391.11 regulations.
Commercial Truck Operators in Austin are Bound by State Regulations
In addition to the federal FMCSA regulations governing the operations of commercial trucks and trucking companies, the Texas Transportation Code Title 7 additionally imposes extensive regulations on commercial truck drivers and trucking companies in the state.
The legal team at Miller Weisbrod Olesky is well-versed with the local, state and federal laws related to commercial trucks, and will investigate violations to prove liability of the negligent parties in your truck accident and injuries. Some of the regulations applicable to Austin truck operators include:
All commercial trucks must be registered in the Texas County of residence.
Commercial truck drivers in Austin must always carry documents showing the vehicle’s weight without cargo, and how much weight it is permitted to haul.
Brake requirements are imposed based on the commercial truck’s weight.
Maximum height of 14 ft. from the ground to the top is allowed for commercial trucks in Austin.
If the truck stops on the road side, it must abide by the rules regarding the use of hazard warning lights, reflectors and flares.
Minimum 12 inches long reflective tape must be placed visibly on certain parts of all commercial trucks and truck trailers in Austin.
Large commercial trucks and trucks hauling explosives are required to stop at all railroad crossings in Austin.
For all trailers without sides or flatbed trailers, the cargo must be secured by tying it down.
Specific regulations apply to commercial trucks shipping loose cargo, such as wood chips, gravel, or sand.
Metal tires exceeding 5,000 lbs. of weight must obtain a special permit to operate on Austin highways.
Commercial trucks in Austin are prohibited from keeping the clutch disengaged while coasting down a hill.
Farm tractors must have two red reflectors and two headlamps installed.
Financial Damages You Can Claim for Your Truck Accident in Austin
Personal Injury Damages: (a) Current and future medical costs; (b) Physical impairment and disability; (c) Loss of current and future wages; (d) Pain and suffering; (e) Mental/emotional anguish and PTSD; (f) Scarring and disfigurement
Wrongful Death Damages: (a) Medical costs of the final injury; (b) Loss of financial contributions; (c) Loss of care, companionship, and comfort; (d) Funeral or burial expenses; (e) Loss of inheritance; (f) Damages for Texas bystander claim (witnessing the loved one’s death)
Statute of Limitations in Austin Truck Accident Cases
According to the Texas Civil Practice & Remedies Code 16.003(a) and Code 16.003(b), you only get two years from the date of injury or from the date of a loved one’s wrongful death to file a civil claim for damages. This is the Statute of Limitations in Texas, which you must abide by to have a valid claim for damages.
Our dedicated Austin truck accident attorneys at Miller Weisbrod Olesky encourage you to contact us as soon as possible to file your claim. We will leave no stone unturned to obtain the largest possible damages for you through a settlement with the defendants, while remaining fully prepared to take the case to trial if necessary to protect your right to maximum compensation.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Austin Truck 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 Fort Worth 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.
