Texas Car Wreck Attorneys
Car accidents can shatter lives in an instant, leaving victims with physical injuries, emotional trauma, and financial burdens. In Texas, a state known for its vast roadways and bustling cities, car accidents are unfortunately all too common. Whether it's a rear-end collision on a busy Houston freeway, a T-bone accident at a Dallas intersection, or a wreck in Austin or San Antonio's congested traffic, the aftermath of a car crash causing a serious personal injury or wrongful death can be life-altering.
Call Texas Car Accident Lawyers
888-987-0005
It is important to know you and your family do not have to deal with your losses and attempts to recover from the insurance company alone. Miller Weisbrod Olesky, the leading car accident lawyers in Texas are here to provide you the guidance, support, and aggressiveness you need to secure the maximum financial compensation you deserve for your injuries and losses so you can focus on recovery and your family.
Our clients were broken down on the side of a Texas interstate repairing a flat tire when they were rear-ended. The collision caused the wrongful death of our clients’ family member. After the insurance company refused to meet our demand, we took the case to trial, and our demand was met as we selected the jury.
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
Our Car Accident attorneys are led by Clay Miller who is Board-Certified in Personal Injury Trial Law. Less than 3% of all Texas attorneys have achieved board certification and less than that have a personal injury trial law board certification which required numerous jury trials and the passing a rigorous exam in the specialty.
Our law firm has recovered more than $1.3 Billion in settlements for clients in all kinds of personal injury, wrongful death, car accident cases, truck accidents, construction accidents and even medical malpractice lawsuits.
What are the Common Causes of Car Accidents in Texas?
Car accidents in Texas can vary in type and severity due to a multitude of factors. Some common types of car accidents that occur in Texas include:
Rear-End Collisions
These accidents happen when one vehicle strikes the rear of the vehicle in front of it. They often occur at stoplights, in heavy traffic, or when a driver fails to maintain a safe following distance.
T-Bone or Side-Impact Collisions
These accidents occur when one vehicle collides with the side of another, typically at intersections. They can be severe, especially if one car strikes the other in the driver or passenger doors.
Head-On Collisions
These are among the most serious accidents, involving two vehicles colliding front to front. They often result in severe injuries or fatalities, especially at high speeds.
Single-Vehicle Accidents
These occur when only one vehicle is involved. Examples include running off the road, hitting a stationary object, or rolling over. These accidents can result from various factors, including driver error, road conditions, or mechanical failures.
Multi-Vehicle Pileups
These accidents involve multiple vehicles and often occur on highways or during adverse weather conditions. Pileups can be complex and lead to significant property damage and injuries.
Side-Swipe Accidents
These occur when two vehicles moving in the same direction contact each other. While sideswipes may not always result in severe injuries, they can lead to loss of control and subsequent accidents.
Hit and Run Accidents
In these cases, one driver leaves the scene of the accident without stopping to exchange information or provide assistance. Hit and run accidents are illegal and can have serious consequences.
Distracted Driving Accidents
These accidents result from drivers being distracted by activities such as texting, using a smartphone, eating, or adjusting the radio. Distracted driving can lead to various types of collisions.
Drunk Driving Accidents
Accidents involving impaired drivers under the influence of alcohol or drugs are unfortunately common and often result in severe injuries or fatalities.
Speed-Related Accidents
Speeding can lead to various types of accidents, including rear-end collisions, single-vehicle accidents, and loss of control accidents.
Fatigue-Related Accidents
Fatigued or drowsy drivers can cause accidents, often resulting from falling asleep at the wheel or impaired reaction times.
Wrongful Death and Personal Injury Accident Data
According to a Texas Department of Transportation (DOT) report, traffic in Texas during 2022 was marked by a high number of car accidents and their sobering impact on road safety.
How Many People Die in Car Accidents Every Year?
With a fatality rate of 1.55 deaths per hundred million vehicle miles traveled, the year witnessed 4,481 fatalities resulting from traffic crashes. In addition, the year recorded 15,299 serious automobile accidents, affecting 18,880 individuals who sustained severe personal injuries. A staggering 244,092 persons were injured in motor vehicle car crashes in 2022.
As many as 1,030 lives were lost in car accidents occurring at intersections in Texas in 2022. Head-on collision car wrecks claimed 636 lives, emphasizing the need for enhanced safety measures. Furthermore, the year saw no days without car accident fatalities on Texas roads and two car wrecks that resulted in six or more fatalities, serving as poignant reminders of the ongoing road safety challenges.
On average, the data showed that one person lost their life in a car accident every 1 hour and 57 minutes, one person sustained a car wreck personal injury every 2 minutes and 9 seconds, and a reportable car crash occurred every 57 seconds in the state. The impact of impaired and drunk driving remained a significant cause of car accidents, with 1,163 people losing their lives in car wrecks involving drunk drivers under the influence of alcohol, accounting for nearly 26% of all traffic wrongful deaths. Distracted driving also contributed to car accidents, with 484 lives lost in 2022, representing an 11% increase from the previous year.
What are the Most Dangerous Highways in Texas for Car Accidents?
Texas is known for its extensive road network, and while many of its highways are safe, some have gained notoriety for their higher incidence of car accidents. Here are some of the most dangerous roads and highways in Texas for car accidents:
- Interstate 45 (I-45): Stretching from Houston to Dallas, I-45 has earned a reputation for a high number of accidents, particularly in urban areas. Congestion, construction zones, and heavy traffic contribute to the risks.
- Interstate 10 (I-10): Running from the Louisiana border to El Paso, I-10 traverses vast expanses of Texas. Its length and frequent use make it susceptible to accidents, especially during inclement weather.
- Interstate 35 (I-35): As one of the busiest highways in Texas, I-35 connects cities like Dallas, Austin, and San Antonio. It faces issues like traffic congestion, construction, and frequent lane changes.
- US Highway 290: Serving the Houston metropolitan area, US 290 sees a significant number of accidents, attributed to high traffic volumes and ongoing construction projects.
- US Highway 183: This highway, running through Austin, has been associated with accidents due to rapid urban development and increased traffic.
- State Highway 360 (SH 360): Connecting the Dallas-Fort Worth area, SH 360 is often congested, contributing to a higher likelihood of accidents, particularly during rush hours.
- Loop 410: Encircling San Antonio, Loop 410 witnesses’ frequent accidents, partly due to heavy commuter traffic.
- Loop 610: The inner loop around Houston, Loop 610 experiences congestion, complex interchanges, and a higher risk of accidents.
- Farm-to-Market Road 1960 (FM 1960): Located in the Houston area, FM 1960 has gained notoriety for accidents resulting from heavy traffic and a mix of commercial and residential areas.
- Highway 183 (Airport Freeway): Running through Dallas-Fort Worth, Highway 183 faces congestion and construction-related challenges.
Learn More About
Dangerous Highways in Texas
Should You Get a Lawyer for a Car Accident?
To protect your rights and maximize your chances of the best possible recovery, you should consult with and hire an experienced car accident attorney as soon as possible. You should know insurance companies and insurance adjuster do not want you to hire a car accident attorney. This is because they are trained on the statistics. The facts show that injury victims represented by an attorney get on average 3 times higher settlement as those that try to handle the case themselves.
Your chance of a maximum recovery is even higher if you hired a car accident attorney that specializes in personal injury trial law and has a history of successful results. Our Texas Car Accident attorneys are led by a Board-Certified Personal Injury Trial attorney. Our car accident law firm has a history of successful results in car accidents, truck accidents and all types of injury cases.
When you hire Miller Weisbrod Olesky we will immediately begin investigating your car accident, gather important evidence and assist you and your family in obtaining the best possible medical care for your injuries
What to do After a Car Accident?
Every car accident is unique, yet there are some common tips that any car accident victim can follow to ensure the situation is resolved as quickly as possible.
- Seek proper medical attention: Unquestionably, the health and safety of you and your loved ones should be your top priority. Seek medical treatment for any injuries sustained as soon as possible.
- Avoid discussing the accident and save your apologies: You were just involved in a traumatic event and might not be thinking clearly — limit your discussions to avoid admitting liability. Discuss the accident with the police and your insurance agent only.
- Have someone obtain vital information: Get the names, insurance information, phone numbers and addresses of everyone involved in the accident.
- Have someone photograph the scene: Many insurers recommend obtaining photos of the accident scene to avoid discrepancies and to obtain accurate evidence.
- Have someone take notes: Detailing the nature of your injuries, the damage to your property and anything you find unusual could be very beneficial down the road.
- Do not accept initial insurance offers: Insurance companies do not have your best interests in mind. They want your case to go away as quickly and quietly as possible, and typically undervalue the damages accident victims sustained.
- Contact an experienced car accident lawyer: Speak to a knowledgeable car accident attorney to discuss your case, learn your options, and determine if you are entitled to compensation.
How do I get Medical Care if I Have No Health Insurance?
If you do not have health insurance to cover medical treatment, we can help. We will make sure we secure a referral to a medical doctor and clinic to treat your injuries that will not require payment unless and until your case settles and you make a recovery.
If you need to see a specialist due to your injuries, we can have a network of surgeons, brain injury specialists and other consultants that will evaluate and treat your unique medical needs. We will make sure you do not have any financial charge unless and until your case settles.
What happens if my Primary Care Physician Refuses to Treat My Injury?
Even when our clients have health insurance to cover medical treatment, a common issue is their primary car physician tells them they cannot see them or treat “car accident” injuries. First, this is completely wrong. Your health insurance does not exclude treatment for car accident injuries.
If your primary care physician takes this position, we will take the lead in contacting their office to educate them on the car accident process. If the physician’s office still takes this position, we will find you a medical doctor and clinic to provide you the treatment you need. Do not wait or suffer through unnecessary pain, call our car accident attorneys so we can start helping you today.
What Can I Do for My Family Member Involved in A Fatal Car Accident?
The Texas Department of Transportation states that the fatality rate on Texas roads in 2022 was 1.55 deaths per 100 million vehicle miles traveled. This is a 2% increase in Texas Car Accident Fatalities from the previous year. This 2% increase in Car Accident Fatalities comes to 1 person killed every 1 hour and 57 minutes.
1 Reportable crash occurs every 57 seconds in Texas
Texas requires that all wrongful death lawsuits be filed within 2 years of the deceased’s death. Rare exemptions may apply. It is best to seek out an experienced Texas wrongful death lawyer as soon as possible to determine if you can file a claim. Contact Miller Weisbrod Olesky’s Wrongful Death Attorneys today to begin your free case evaluation.
When an 18 wheeler driver chose to drive after very little sleep and then attempt to read an email on his on-board computer. His tractor-trailer rear-ended our client’s car causing a post-crash fire. We proved the trucking company (one of the country’s largest companies) knowingly had disabled a lock-out device that would keep drivers from using their on-board computers. Days before trial, the trucking company and its insurance companies paid the family of our client $6,000,000
Top Hospitals and Medical Centers in Texas for Treating Car Accident Injuries
Texas boasts several highly rated hospitals and medical centers that provide superior care for individuals who have sustained car accident injuries. These institutions are equipped with highly skilled medical professionals and state-of-the-art facilities to address a wide range of injuries. Some of the top hospitals and medical centers in Texas for treating car accident injuries include:
Memorial Hermann-Texas Medical Center (Houston)
This renowned hospital is home to the Memorial Hermann Trauma Institute, one of the busiest Level I trauma centers in the United States. They specialize in treating severe injuries commonly associated with car accidents.
Parkland Health & Hospital System (Dallas)
Parkland is a trauma center with a strong focus on providing comprehensive care to accident victims. Their trauma team is well-equipped to handle a variety of injuries.
Baylor Scott & White (Dallas)
Is a regional resource hospital that is central to a trauma care system. Provides total care for every aspect of injury, from prevention through rehabilitation. Maintains resources and personnel for patient care, education, and research (usually in a university-based teaching hospital).
HCA Medical City (Dallas)
HCA trauma centers are in Medical City hospitals equipped with specific resources and trauma specialists. These trauma experts are specially trained to provide treatment and care to severely injured patients. Traumatic injuries can include motor vehicle accidents and falls, among others.
Methodist Hospital (San Antonio)
The Methodist Healthcare System includes several facilities equipped to handle trauma cases. Methodist Hospital in San Antonio is one of their top facilities for accident-related injuries.
Texas Health Harris Methodist Hospital (Fort Worth)
Equipped with a Level II trauma center, this hospital is well-prepared to handle moderate to severe injuries resulting from car accidents.
Dell Seton Medical Center at The University of Texas (Austin)
A Level I trauma center, Dell Seton Medical Center provides comprehensive care for the most severe accident-related injuries, including neurological and orthopedic care.
These hospitals are staffed with dedicated trauma-trained medical professionals, including trauma surgeons, orthopedic specialists, neurologists, and rehabilitation experts who work together to provide comprehensive care for car accident victims. In the event of a car accident, in addition to providing to robust legal representation, our dedicated Texas car accident attorneys at Miller Weisbrod Olesky can assist you in the process of receiving medical attention at one of these tremendous facilities to ensure prompt diagnosis and treatment of injuries.
Who is Held Liable for a Car Accident in Texas?
In Texas, liability for a personal injury or wrongful death after a car accident is determined based on the principle of negligence. Negligence means failure to do that which a reasonable driver would do or doing something that a reasonable driver would not do under the circumstances. If the responsibility of a car accident is also partially the fault of someone other than the negligent driver, the other person or company’s negligence will be considered.
Our experienced Texas car accident attorneys will quickly investigate your case to identify and prove the liability of one or more of the following potential defendants:
- At-Fault Drivers: The driver who was negligent and directly caused the accident can be held liable. This includes drivers who were speeding, driving recklessly, running red lights, or engaging in other dangerous behaviors.
- Employers: If the at-fault driver was acting within the scope of their employment at the time of the accident, their employer may also be held liable under the legal doctrine of "vicarious liability."
- Car Owners: If the at-fault driver does not own the vehicle involved in the accident, the owner of the vehicle may be held liable, especially if they entrusted their vehicle to a driver, they knew, was unfit or unlicensed to drive.
- Bar or Restaurant Owners: Texas has dram shop laws that allow injured parties to sue establishments that over-serve alcohol to patrons who later cause accidents while intoxicated.
- Parents or Guardians: In certain situations, parents or legal guardians may be held liable for accidents caused by their minor children if they knowingly allowed the child to use their vehicle.
- Car Mechanics/Maintenance Providers: If negligent or improper maintenance or repairs by car mechanics or maintenance providers contributed to the accident, they may also be held liable for their negligence.
- Manufacturers: If a defective vehicle part or component contributed to the accident, the manufacturer or distributor of that part may be held liable in a product liability lawsuit.
- Government Entities: In some cases, poor road conditions or inadequate signage may contribute to accidents. If a government agency failed to maintain safe roadways, they may be held liable.
- Third Parties: Other third parties, such as general contractors or subcontractors responsible for road maintenance or construction, may be held liable if their negligence contributed to the accident.
Determining liability in a car accident can be complex, and it involves gathering evidence, witness testimony, and expert analysis. If you've been injured in a car accident, reach out to our seasoned car accident lawyers in Texas today to pursue a financial claim against the responsible parties.
Types of Evidence Our Car Accident Lawyers will Collect
At Miller Weisbrod Olesky, we understand the critical importance of collecting compelling evidence to establish liability in car accident cases. Our proven car accident lawyers will move fast to gather the necessary evidence to support your claim. Some of the types of evidence we will diligently collect on your behalf include:
- Accident Reports: We will obtain official accident reports prepared by law enforcement officers who responded to the scene. These reports often contain vital details about the accident, including statements from involved parties and witnesses.
- Photographic and Video Evidence: We will gather photographs and videos of the accident scene, vehicle damage, road conditions, and traffic signals. Visual evidence can be highly persuasive in demonstrating how the accident occurred.
- Witness Statements: We will interview witnesses who were present at the scene of the accident to obtain their firsthand accounts of what transpired. Witness statements can provide valuable perspectives and corroborate your version of events.
- Medical Records: To establish the extent of your injuries and their connection to the accident, we will collect and analyze your medical records, including doctor's notes, diagnostic tests, and treatment plans.
- Expert Witness Consultations: We may consult with accident reconstruction experts, medical professionals, and other experts who can provide testimony to support your case and explain complex technical aspects to the court.
- Cellphone Records: In cases involving distracted driving, we may obtain cellphone records to determine if the at-fault driver was using their phone at the time of the accident.
- Maintenance and Repair Records: If mechanical failure played a role in the accident, we review maintenance and repair records of all vehicles involved to identify potential negligence on the part of vehicle owners or mechanics.
- Surveillance Footage: In some cases, surveillance cameras from nearby businesses or traffic cameras may have captured the accident. We will locate and secure any relevant footage.
- Eyewitness Accounts: We will gather accounts from individuals who saw the accident but were not official witnesses. Their statements can further support your case.
- Documentation of Expenses: We will compile records of your accident-related expenses, including medical bills, vehicle repair receipts, and other costs incurred due to the accident.
By collecting and presenting this evidence, we aim to build a strong and persuasive case to establish liability and achieve the largest possible financial compensation you deserve.
How Do Your Lawyers Prove Liability in a Drunk Driving Case?
At Miller Weisbrod Olesky, our team of Texas car accident attorneys is experienced in handling cases involving drunk driving car accidents. Proving liability in such cases requires a thorough and strategic approach.
- Gathering Evidence: We will collect all relevant evidence, including police reports, witness statements, and any available surveillance footage to establish that the at-fault driver was operating the vehicle under the influence of alcohol or drugs.
- Field Sobriety Tests: If applicable, we will review the results of field sobriety tests conducted by law enforcement officers at the scene. Failed tests can be strong evidence of impairment.
- Breathalyzer or Blood Tests: We will obtain and analyze the results of any breathalyzer or blood tests administered to the at-fault driver. Elevated blood alcohol content (BAC) levels can be compelling evidence of intoxication.
- Witness Statements: We will interview witnesses who may have observed the at-fault driver's behavior, including signs of impairment such as slurred speech, erratic driving, or the odor of alcohol.
- Prior DUI Convictions: If the at-fault driver has prior DUI convictions, we will use this information to establish a pattern of reckless behavior.
- Dram Shop Liability: If applicable, we will investigate whether a bar, restaurant, or other establishment served alcohol to the at-fault driver when they were visibly intoxicated, which may make the establishment liable under Texas dram shop laws.
- Criminal Proceedings: We will stay informed about any criminal proceedings against the at-fault driver, as a conviction for DUI can strengthen your civil case.
- Expert Witnesses: Our legal team will engage expert witnesses, such as toxicologists, medical professionals, and accident reconstruction specialists, to provide testimony on your behalf and bolster the case.
How Do Our Car Accident Lawyers Prove Liability in a Distracted Driving Accident?
Our experienced legal team at Miller Weisbrod Olesky understands the complexities involved in proving liability in car accidents caused by texting, social media use, internet surfing, or cellphone use while driving. To establish liability in such cases, we will employ a comprehensive strategy that includes the following steps:
- Gathering Electronic Evidence: We will work to obtain electronic evidence, including cellphone records and data from the at-fault driver's device, to confirm that they were engaged in texting, social media use, internet surfing, or cellphone use at the time of the accident.
- Witness Statements: We will interview witnesses who may have observed the at-fault driver's distracted behavior, such as texting or browsing on their cellphone while driving. Witness accounts can provide crucial support for your case.
- Accident Reconstruction: In complex cases, we may collaborate with accident reconstruction experts who can analyze the sequence of events leading to the accident and demonstrate how the distracted behavior directly caused the collision.
- Cellphone Forensics: For cases involving cellphone use, our legal team may consult with experts in cellphone forensics to extract relevant data from the at-fault driver's device, proving their actions at the time of the crash.
- Social Media and Online Activity Records: We will explore the at-fault driver's social media and online activity records to establish that they were actively engaged in these activities while driving.
Texas Laws Related to Car Accident Personal Injury Cases
Texas has specific laws and regulations governing personal injury cases arising from car accidents. At Miller Weisbrod Olesky, our Texas car accident lawyers have in-depth knowledge of the state’s personal injury laws to identify and prove negligence and pursue the highest possible financial compensation on behalf of the injured victims.
What is the Statute of Limitations for Personal Injury and Wrongful Death Car Accidents
Texas Civil Practice and Remedies Code 16.003
Texas imposes a statute of limitations, which means you have a limited time to file a personal injury lawsuit. In most car accident cases, this period is two years from the date of the accident. Failing to file within this timeframe can result in the loss of your right to seek compensation.
What if I am partially at fault for a Car Accident?
Texas Civil Practice and Remedies Code 33.001
Texas follows a modified comparative fault system. This means that if you are found to be partially at fault for the accident, your compensation may be reduced proportionally. But, if you are deemed more than 50% responsible for the accident, you may not be eligible for any compensation.
Laws that relate Wrongful Death Car Accidents
Texas Civil Practice and Remedies Code, Chapter 71
Certain surviving family members, specifically the spouse, children, and parents can seek compensation for the death of a loved one caused by another party's negligence in cases of fatal car accidents. Wrongful death claims in Texas can encompass damages related to medical expenses, funeral costs, loss of earnings, loss of companionship and the mental anguish and emotional suffering experienced by surviving family members.
What are Minimum Insurance Limits for Car Accidents in Texas?
Texas Transportation Code, Chapter 601
Texas requires all drivers to carry minimum liability insurance coverage. These minimums are $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $25,000 for property damage per accident.
Is Texas a No-Fault Car Accident State?
Texas Insurance Code
Texas is not a no-fault insurance state. This means that the at-fault party's insurance typically covers the injured party's medical expenses and other damages only when the injured party shows that the other person is negligent.
Uninsured/Underinsured Motorist Coverage
Texas Insurance Code, Chapter 1952
Texas law allows drivers to purchase uninsured/underinsured motorist (UM/UIM) coverage. This coverage can help protect you if you are involved in an accident with a driver who has insufficient or no insurance. If the insurance company does not obtain valid rejections of this coverage, it is automatically added to your car accident insurance policy.
What are the Seat Belt Laws that relate to Texas Car Accident Claims
Texas Transportation Code, Chapter 545
Texas law requires all passengers in a vehicle to wear seat belts. Failure to do so can affect your personal injury case if you're injured in an accident. Specifically, the at-fault driver and insurance company may be able to claim you are partially at-fault for your injuries.
What are the laws for reporting a Texas Car Accident?
Texas Transportation Code, Section 550.026
In Texas, you must report any car accident that results in injury, death, or property damage exceeding $1,000 to the police. This report can be crucial for documenting the accident and its circumstances. If you are in a car accident, make sure to report it to the police because the at-fault driver may later deny being in a car wreck or the insurance company may try to use the lack of a police report to reduce your car accident settlement.
Are there caps on Texas Car Accident Lawsuits?
Texas Civil Practice and Remedies Code 41.008
Unlike some states, Texas does not impose a cap on non-economic damages (such as pain and suffering) or economic damages (like loss of earnings/loss of income or past and future medical expenses) in personal injury cases. There are similarly NO caps on any losses due to the wrongful death arising from a car accident in Texas.
There is ONLY a cap on punitive damages, which generally cannot exceed two times the economic damages plus the amount of non-economic damages, up to a maximum of $750,000 (or double the economic damages, whichever is greater).
When life takes an unexpected turn due to another’s negligence, we are here to steer you toward justice. At Miller Weisbrod Olesky, our Texas car accident lawyers are dedicated to ensuring that you receive the full and fair compensation you are entitled to for your injuries and losses.
We are not just attorneys; we are ready to fight for your rights and stand by your side every step of the way. Don't let the aftermath of a car accident define your future. Contact us today for a free consultation. You will not be charged a fee unless and until we recover financial compensation for you from the liable parties.
Meet The Leader In Car Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Car Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding negligent parties 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 motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car 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 car 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.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in car accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.
Miller Weisbrod Olesky Texas Car 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 $26,500,000 jury 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.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
Josh Birmingham
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.
Click Here: for complete verdict information
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.
Education
- University of Nebraska
- University of Tulsa - School of Law
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member
- Dallas Trial Lawyers Association:
Member
Board of Directors - Dallas Association of Young Lawyers:
Member
- Mesquite Bar Association:
Member
Michael Orth
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.
Education
- Texas A & M University
- University of Houston Law Center
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member