Accidents in Dallas with company vehicles, such as large commercial trucks are more complicated than passenger car accidents. Company vehicles and their owners are covered by substantial commercial vehicle insurance policies. This means the injured victims and their families have a chance to recover maximum financial compensation they deserve.
Because the financial stakes of the company vehicle owners and their insurance companies are so high, they have large legal teams and tactics in place to regularly deny or reduce the claims of injured parties. Once a company vehicle accident occurs, their teams may already have an action plan in place to change their driver’s story and do everything they can to escape from their liability and lay the blame on you for your injuries and losses.
Our 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.
Contact Dallas Company Vehicle Accident Lawyers 1-888-987-0005
For this reason, you need seasoned lawyers that specialize in taking on large commercial vehicle carriers and insurance companies, negotiate hard based on strong evidence, stay fully prepared to go to trial if needed, and make the maximum financial recovery you are entitled to. Make sure you involve our Dallas company vehicle accident lawyers at Miller Weisbrod Olesky as soon as possible after the crash in order to protect your rights.
Company 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.
If you were hurt or a loved one was severely injured or tragically killed in a trucking accident, immediate investigation and concerted legal action may be necessary to protect your right to seek maximum recovery. Fill out the form below for a free consultation.
What Constitutes a Company Vehicle in Dallas?
A company vehicle in Dallas generally refers to a commercial vehicle of any size that is used to transfer hazardous or non-hazardous cargo. The vehicle driver is usually an employee of the company. Therefore, when a company vehicle crash occurs, it’s necessary to investigate and prove the liability of the commercial carrier that owns and operates the vehicle, apart from determining the vehicle driver’s negligence.
Our knowledgeable Dallas company vehicle accident attorneys are well-versed with the workings of all types of commercial vehicles as well as the preventable violations of FMCSA regulations that lead to crashes of these vehicles in Dallas. Schedule your detailed case review and consultation with our attorneys, who has been through the legal minefields before and knows where to step and not to step, today to know your legal options.
Long History of Success in Company Vehicle Accidents
Our client was a passenger in a company van when another company vehicle encrouched into his lane. The sudden movement to avoid the accident resulted in our client being ejected from the vehicle causing severe brain damage. The case settled for $4,250,000
“Respondeat Superior” Legal Doctrine in Dallas Company Vehicle Crashes
Motor carriers have large financial assets and protect themselves with substantial insurance policies, which an individual negligent driver working for the company is not likely to have. To hold the employer liable under the doctrine of “respondeat superior” our Dallas company vehicle attorneys will work to establish the following facts:
The company vehicle driver was operating under the control and instruction of the employer at the time of your accident.
The commercial vehicle company had the ability to control the driver’s actions.
The negligent company vehicle driver’s actions occurred within the scope of his or her official work duties.
Serious CSA Violations that Cause Company Vehicle Crashes in Dallas
The FMCSA has established CSA (Compliance, Safety and Accountability) standards with an aim to hold commercial fleets accountable for issues related to safety and compliance. Some of the common and serious CSA violations that lead to company vehicle accidents and injuries in Dallas include:
Driving a commercial vehicle with a false medical ticket
Hazmat cargo not secure in the CMV
Failure to rectify problems identified in a vehicle inspection
According to the FMCSA, these are “unsafe driving” behaviors, which are considered the most egregious violations that endanger others on the road. At Miller Weisbrod Olesky, our outstanding and proven Dallas company vehicle accident lawyers are determined to hold the at-fault driver and the motor carrier accountable for your injuries and losses, and will leave no stone unturned to recover the maximum financial damages on your behalf.
Company Vehicle Operators In Dallas Are Bound By Federal Regulations
At Miller Weisbrod Olesky, our experienced Dallas company vehicle accident attorneys thoroughly understand the complex web of trucking and company vehicle laws, regulations and guidelines enforced by federal authorities, such as the Department of Transportation. Our lawyers will investigate your accident and review these safety regulations to determine if any violations occurred which contributed to your accident and injuries.
License Requirements
Operating a company vehicle in Dallas demands a specific set of skills and qualifications. According to federal CDL requirements, drivers must possess a valid commercial driver's license (CDL) issued by their home state. Acquiring multiple licenses from different states is strictly prohibited. Additional endorsements may be necessary for drivers handling trucks with multiple trailers, tanks, or hazardous cargo.
Medical Certification
All company vehicle operators engaged in interstate travel with a commercial motor vehicle weighing over 10,001 pounds are mandated to hold a valid Medical Examiner's Certificate (ME Certificate). Our legal team will meticulously examine whether the negligent driver and the company adhered to this requirement.
Record of Duty Status
Company vehicle operators in Dallas are required to maintain a daily log, referred to as the "driver's record of duty status." This logbook contains crucial information regarding the driver's activities and compliance with regulations outlined in Title 49, Part 395.8. Our legal team will obtain and scrutinize the logbook to determine if any violations or patterns of non-compliance occurred.
Hours of Operation
Hours of Service or HOS regulations establish limits on the number of hours a commercial driver can operate a company vehicle before taking mandatory rest breaks. We will investigate any potential violations stemming from undue pressure imposed by the trucking company to meet unrealistic delivery deadlines or maximize business volume. This inquiry can help establish driver fatigue as a contributing factor in accidents.
The table summarizes the HOS regulations for property-carrying and passenger-carrying drivers.
HOURS-OF-SERVICE REGULATIONS
PROPERTY-CARRYING DRIVERS
PASSENGER-CARRYING DRIVERS
11-Hour Driving Limit
May drive a maximum of 11 hours after 10 consecutive hours off duty.
10-Hour Driving Limit
May drive a maximum of 10 hours after 8 consecutive hours off duty.
14-Hour Limit
May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
15-Hour Limit
May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period.
30-Minute Driving Break
Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption. The break may be satisfied by any non-driving period of 30 consecutive minutes (i.e., on-duty not driving, off-duty, sleeper berth, or any combination of these taken consecutively).
60/70-Hour Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
60/70-Hour Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days.
Sleeper Berth Provision
Drivers may split their required 10-hour off-duty period, as long as one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. All sleeper berth pairings MUST add up to at least 10 hours. When used together, neither time period counts against the maximum 14- hour driving window.
Sleeper Berth Provision
Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper berth time into two periods provided neither is less than 2 hours. All sleeper berth pairings MUST add up to at least 8 hours.
Adverse Driving Conditions
Drivers are allowed to extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when adverse driving conditions are encountered.
Adverse Driving Conditions
Drivers are allowed to extend the 10-hour maximum driving time and 15-hour on-duty limit by up to 2 hours when adverse driving conditions are encountered.
Short-Haul Exception
A driver is exempt from the requirements of §395.8 and §395.11 if: the driver operates within a 150 air-mile radius of the normal work reporting location, and the driver does not exceed a maximum duty period of 14 hours. Drivers using the short-haul exception in §395.1(e)(1) must report and return to the normal work reporting location within 14 consecutive hours, and stay within a 150 air-mile radius of the work reporting location.
Short-Haul Exception
A driver is exempt from the requirements of §395.8 and §395.11 if: the driver operates within a 150 air-mile radius of the normal work reporting location, and the driver does not exceed a maximum duty period of 14 hours. Drivers using the short-haul exception in §395.1(e)(1) must report and return to the normal work reporting location within 14 consecutive hours, and stay within a 150 air-mile radius of the work reporting location.
Vehicle Inspections
Federal rule 49 CFR 396.11 stipulates that at the conclusion of each workday, company vehicle operators must conduct a comprehensive inspection of their vehicles. A written and signed report addressing crucial safety components such as brakes, steering, tires, lighting devices, wheels, rims, and other vital parts is mandatory. Our attorneys will assess whether this inspection was performed and documented appropriately.
Mobile Device Usage
Using hand-held mobile devices or engaging in texting while operating a company vehicle in and around Dallas is strictly prohibited. We will thoroughly investigate any instances of non-compliance with regulations outlined in Part 392.80 and Part 392.82 of Title 49 to establish liability on the part of the defendants.
Company vehicle drivers are subject to stringent rules regarding drug and alcohol testing. Our resourceful team of attorneys will aggressively search for evidence indicating a failure to comply with these testing requirements outlined in Title 49, Part 40, or a history of failed intoxication tests.
Language Proficiency
Every company vehicle driver in Dallas must have the ability to read and speak English at a level that allows them to comprehend highway traffic signs and effectively communicate with others. Our attorneys will scrutinize employer records to identify any instances of negligent hiring in violation of Part 391.11 regulations.
At Miller Weisbrod Olesky, our Dallas company vehicle accident lawyers are committed to representing the interests of injured victims, advocating for their rights in legal proceedings, and proving liability of the defendants to obtain maximum financial compensation for the injured parties and their families.
Holding Negligent Employers and Insurance Companies Liable
In company vehicle accident cases in Dallas, the employers typically try to create distance between the company and the negligent driver by claiming the driver was operating beyond the scope of job duty, or was on a lunch break, or failed to correct behavior despite repeated warnings.
At Miller Weisbrod Olesky, we have the capabilities and experience to establish before the court that the employer has been enjoying all the profitable advantages of using the services of an employer, so when the employee caused an accident, the employer also needs to accept responsibility instead of pointing fingers solely at the employee.
Similarly, our Dallas company vehicle crash lawyers will identify all possible lines of insurance coverage in these cases. For instance, the truck and the trailer involved in your accident may be owned by separate companies, and as a result, separate insurance carriers may have insured them. Our lawyers will determine the liability of all parties and calculate the full insurance coverage in order to maximize your financial damages.
Who can Claim Damages in a Dallas Wrongful Death Company Vehicle Accident?
Commercial vehicles owned and operated by motor carriers are much larger in size and weight than cars and other vehicles, which increases the incidence of fatal crashes. The dedicated Dallas company vehicle accident lawyers at Miller Weisbrod Olesky will help the eligible family members of the decedent in wrongful death cases file a claim for damages. Under CPRC Section 71.004, the surviving spouse, children and parents of the deceased can pursue a wrongful death action to recover their rightful compensation.
Recoverable Damages in a Dallas Company Vehicle Wrongful Death Claim
At Miller Weisbrod Olesky, our experienced Dallas company vehicle accident attorneys will work hard to recover maximum damages on your behalf in a wrongful death case, including:
Economic Damages
Medical costs incurred prior to the victim’s wrongful death
Funeral or burial expenses
Loss of financial support to the family members
Loss of inheritance (the expected amount the decedent would have saved and left to the family members)
Non-economic Damages
Pain and suffering and/or mental anguish the decedent experienced after the accident until their death
Loss of emotional support or loss of consortium and companionship
Loss of guidance and instruction to the surviving children
Bystander claim (mental anguish of the family members or close relatives that witnessed the wrongful death of their loved one first-hand)
Punitive or Exemplary Damages
If the defendants in a company vehicle wrongful death case in Dallas acted intentionally or with extreme recklessness, we may be able to recover punitive or exemplary damages for you in addition to the economic and non-economic damages.
Recoverable Damages in a Dallas Company Vehicle Personal Injury Claim
Economic Damages
Current and future medical costs and life care expenses
Current and future loss of wages
Diminished or lost earning capacity
Cost of home modifications, prosthetics, and assistive devices
Non-economic Damages
Pain and suffering
Mental anguish
Disfigurement and/or physical impairment
Loss of consortium
Punitive Damages
When the actions of the defendants are particularly egregious, we will also pursue punitive or exemplary damages to maximize your recovery.
Limits on Punitive Damages in Texas Personal Injury Cases
Under the Texas Civil Practice and Remedies Code Chapter 41, punitive damages in personal injury cases are capped at $200,000 or twice the amount of economic damages (whichever is higher) PLUS the equivalent amount of non-economic damages (limited to $750,000).
Example: In a Dallas company vehicle personal injury case, if the jury awards you $1.5 million for your economic damages and $1 million for your non-economic damages, the maximum recoverable amount for punitive damages (in addition to economic and non-economic damages) would be: (2 x $1.5 million) + $750,000 = $3,750,000.
Our client was killed while on the job for his employer Texas Highway Maintenance. He and co-workers were working in the triangle shaped area between freeway and off ramp where orange barrels were. A minivan was missing its exit and drove into that area striking our client and killing him. The case settled for $2,750,000.
Statute of Limitations in Texas for Company Vehicle Injury Claims
The Texas statute of limitations for commercial vehicle injury and wrongful death cases is two years from the day the accident occurred (Section 16.003 of the Texas Civil Practices and Remedies Code). Considering the critical importance of truck black box data, physical evidence from the scene of accident, fresh memory of eyewitnesses, our Dallas commercial vehicle lawyers recommend that you should contact us as soon as possible after the accident to preserve evidence and build a strong claim.
At Miller Weisbrod Olesky, our seasoned Dallas Commercial Vehicle accident lawyers know these tactics of powerful defendants, and have extensive experience in proving their liability. Our investigators, accident reconstructionists, and lawyers will move fast to secure evidence, build a strong case, and hold all the negligent parties liable for maximum damages. Our formidable track record of verdicts and settlements and our trial preparedness usually work in favor our clients, and compel the defendants to agree to a fair settlement.
The leader in Truck Accident legal education for more than 30 years
With a 30-year history heading the Commercial Vehicle Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding Trucking Companies accountable. Clay regularly speaks to Trial Lawyer Groups around Dallas and across the State of Texas on the topics of trucking discovery and trial techniques and the latest Trucking Technologies in order to better assist Truck Wreck Cases throughout the state of Texas.
Miller Weisbrod Olesky 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.
