Dallas Semi Truck Accident Lawyers
Semi-trucks play an important role in Dallas as they do in every city in America, but they are also involved in some of the most devastating accidents, resulting in a large number of injuries and fatalities every year. The unfortunate part is that most of these accidents are preventable if semi-truck drivers, trucking companies, cargo loading companies, third party brokers, truck component and tire manufacturers, and repair mechanics follow the rules and regulations set forth by the FMCSA and state agencies.
Contact Dallas Semi Truck Accident Lawyers
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At Miller Weisbrod Olesky, our experienced Dallas semi-truck accident lawyers know what the injured victims and the loved ones of someone killed in a wrongful death accident go through in the aftermath of a crash. Our attorneys have the skills and resources to establish strong evidence to back up your injury claims in order to take on even the largest commercial transportation companies and their insurance carriers. Our proven record of success in obtaining substantial settlements and verdicts for our injured clients speaks for itself.
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.
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.
Truck Driver Fatigue:
In one of our recent cases, we represented the families of two individuals who were killed by a truck driver who fell asleep at the wheel of his semi truck following the Christmas holidays. The case settled for $8,250,000.
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
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. Contact our Dallas Semi Truck Accident Lawyers for a free consultation.
Facts You Should Know About Semi-Trucks in Dallas
Semi-trucks are heavy commercial vehicles with gross vehicle weight of more than 10,000 pounds. Their primary function is transportation of cargo. A semi-truck engine is up to six times bigger than the engine of an average car in terms of size, weight and horsepower. The legally permissible weight of a semi-truck when loaded is 40 tons or about 80,000 pounds.
The standard length of a semi-truck is about 70 to 80 feet and the height is 13 ft. 6 inches. The typical wheelbase of these vehicles is 245 to 265 inches. A semi-truck requires approximately 40 percent more time than an average car to come to stop after braking. This time can additionally vary due to factors, such as cargo weight, road conditions and bobtailing. The vehicle’s average turning radius is 55 feet.
Commercial Vehicle Accident:
Our client was hit head on by a company truck. Her vascular system was badly damaged and over the course of a month her lower leg’s blood flow was so compromised that serious gangrene set in leading to an amputation. The case settled for $7,000,000.00.
When a semi-truck operates on the road without a trailer, it is called bobtailing. Truck handling is entirely different in this case. Our Dallas semi-truck accident lawyers have thorough knowledge and understanding of how these vehicles operate, how they differ from passenger cars, and what risks they can pose to others on the road.
Causes of Semi-Truck Crashes in Dallas
Over the last nearly 15 years, big rig and semi-truck accidents in Dallas and other parts of the state have jumped by more than 50 percent. Considering the fact that Texas is an oil producing state, many semi-trucks are involved in transporting oil throughout the country.
One of the key reasons why semi-truck accidents have increased over the years is that trucking companies create working conditions that encourage a trucker to operate long hours and under significant stress to meet delivery deadlines. This can lead to distracted, drowsy, or fatigued driving, apart from other risks such as speeding or driving while intoxicated.
Asleep at the Wheel:
A truck driver for the largest milk hauler in the United States fell asleep at the wheel, causing a wreck that killed my mom, Ms. Jones. When the insurance company wouldn’t settle, Clay Miller took the case to trial. During cross-examination, Clay made the driver admit he faked his logs and the safety director concede the company was grossly negligent. Just before closing argument, the case settled for $5.8 million. - Tina K.
Trucking companies have installed advanced computer systems in their fleets to improve their operational efficiency, track the cargo, and communicate with the drivers. But these can also lead to distractions for the driver, who might miss a semi-truck blind spot or come perilously close to another vehicle, increasing the risk of accidents.
Failure to maintain the semi-truck, negligent hiring practices and violation of the federal Hours of Service rules are some other causes that contribute to semi-truck crashes. The leading Dallas semi-truck accident attorneys at Miller Weisbrod Olesky will investigate and prove the negligence of the trucking company and other potential liable parties and hold them accountable for your injuries and losses.
Types of Semi-Truck Accidents in Dallas
Even a seemingly minor collision with a semi-truck can lead to serious injuries for the victims on impact, including traumatic brain injury, spinal cord injury, amputations, nerve injury and paralysis, internal organ injury, or wrongful death.
Among other notable truck wreck cases, our firm recovered $8,750,000 from a large trucking company which was responsible for the deaths of a 67-year-old and a 19-year-old who were from Mexico.
Some of the common types of semi-truck accidents in Dallas, which can result in these injuries and fatalities include:
- Truck Rollovers: The center of gravity of semi-truck is significantly higher that of cars. If the truck driver takes too sharp a turn, makes a sudden swerve, drives too fast for the road conditions, drives an overloaded truck, or has a tire blowout, the trailer could flip, causing the truck to roll over to one side, leading to a devastating accident.
- Rear-End Collisions: Semi-trucks require more time to come to a safe stop after braking. If the truck driver is speeding, tailgating, or distracted, it can easily collide with a vehicle in the front. Considering the large size of commercial trucks, the impact of a rear-end collision involving trucks in Dallas is almost always devastating.
- Head-On Collisions: When a semi-truck driver is fatigued, drowsy, drunk or simply reckless or distracted, they can lose control of the vehicle, veer away from their lane, and collide head-first with an oncoming motorist. Tire blowouts and failure to observe the appropriate right-of-way on an intersection or red light may also cause catastrophic head-on collisions.
- Jackknife Accidents: When a tractor-trailer with articulated joints between the attached trailer and the tractor makes incorrect or reckless braking maneuvers or turns, the resulting momentum can cause the trailer to swing violently. The skidding trailer’s direction is unpredictable, and nearby vehicles may get hit and dragged along as the truck pushes ahead uncontrollably.
- T-Bone Accidents: Side-impact or T-bone accidents involving semi-trucks are a frequent occurrence at the intersections in Dallas. Loaded semi-trucks traveling through intersections may ignore stop signs, jump red lights, or commit right-of-way violations, leading to a “T” shaped collision with the sides of other vehicles.
- Sideswipe Accidents: Sideswipe accidents between semi-trucks and cars occur when the truck driver is inattentive to the blind spots before merging into traffic or changing the lane. Defective road, tire blowouts, and drowsy driving are also possible causes of a commercial truck drifting into nearby vehicles. A car sideswiped by a truck may be forced sideways, leading to multi-car pileups and extensive damage.
- Wide Turn Accidents: Semi-truck operators should navigate right-hand turns more carefully because these are often tighter than left-hand turns. The truck driver may attempt to swing their cab to the left before making a right-hand turn, which poses danger to the cars in the adjacent lanes. Making unsafe wide turns in violation of the FMCSA recommendations can lead to devastating truck accidents.
What is an Underride Truck Accident?
Underride truck accidents occur in rear end or side impact collisions when the height difference between large commercial trucks and regular passenger vehicles allows the vehicle travel underneath the trailer causing the passenger compartment to be crushed causing devastating injuries in the crash that could be otherwise minimized with a proper underride guard. The most common injuries due to underride truck accidents are traumatic brain injuries, spinal cord injuries and upper body trauma.
The reason these accidents occur when there is no underride guard is because a car's windshield typically makes the initial contact with the rear or side of the semi-truck, rendering many of the car's safety features, including crumple zones and airbags in the rear and front, ineffective. Even at low speeds, underride accidents can prove fatal for car occupants due to the lack of protection.
When a truck is equipped with an underride guard, the bumper of the car versus the windshield absorbs the impact reducing the most serious injuries to the head, spine, and upper body. Unfortunately, many trucks fail to have side or rear impact underride guards allowing more severe injuries in these type of truck collisions.
According to the latest available data from the National Highway Traffic Safety Administration (NHTSA), over 400 individuals lost their lives in underride collisions in 2021. Truck safety experts believe the actual death toll is likely much higher, as NHTSA has struggled to accurately track underride truck crashes.
Types of Underride Semi-Truck Accidents in Dallas
Rear Underride Truck Collisions
These truck accidents occur when a car collides with the rear of a tractor-trailer or another large commercial truck, sliding underneath. In some instances, a car may rear-end a parked truck on the roadside, especially when the truck lacks proper hazard lights or visibility is compromised.
Side Underride Trucking Crashes
Side underride collisions occur when a passenger vehicle crashes into the truck’s side and slides beneath it, whether fully or partially. These truck accidents frequently occur when a semi-truck in Dallas crosses or turns in front of a smaller vehicle. In addition, a side underride truck wreck can result from a truck or tractor-trailer merging into a lane occupied by a passenger vehicle that the truck driver fails to perceive.
Front Underride Truck Crashes
Front underride truck accidents occur when a semi-truck runs over a passenger vehicle, resulting in the vehicle getting stuck under the front of the semi-truck. A study conducted by the Insurance Institute for Highway Safety (IIHS) in 1997 revealed that 57% of underride trucking accidents were actually front underride crashes. Factors contributing to these accidents include poor equipment maintenance, particularly in the truck’s brake system. Brake failure, speeding, distraction, fatigue, or drowsiness on the part of the trucker, or tailgating can all lead to front underride collisions.
Holding Trucking Companies Accountable for Underride Crashes in Dallas
Both truck drivers and their employing trucking companies may bear responsibility for an underride truck accident in Dallas. Trucking companies can be held vicariously liable for their truck drivers' negligence while on the job. Based on this, certain forms of negligence by trucking companies can increase the risk of underride truck wrecks. A trucking company may be deemed liable if it:
- Fails to install robust underride guards at the rear, sides, and front of their trucks.
- Neglects periodic truck inspections.
- Fails to service semi-trucks.
- Neglects monitoring truck drivers for drug and alcohol use.
- Hiring truck drivers with a history of reckless driving.
- Pressuring truck drivers, directly or indirectly, to meet tight delivery deadlines, leading to speeding, distracted driving, or fatigue.
- Engaging in any actions that heighten the risk of an underride truck accident.
It's necessary to note that trucking companies and their insurance companies will likely fight liability claims, employing teams of lawyers to protect their interests. By enlisting the support of accomplished and resourceful Dallas semi-truck accident lawyers at Miller Weisbrod Olesky, you can ensure the negligent parties are held accountable, and you receive the maximum financial compensation you deserve.
At Miller Weisbrod Olesky, our competent semi-truck accident lawyers in Dallas are well-versed in handling all types of truck wreck cases. Where necessary, we will use the expertise of accident reconstruction team, automotive engineers, forensics experts, and medical professionals to establish exactly how your accident and injuries occurred due to the other party’s negligence. We have a demonstrable track record of large settlements and verdicts in semi-truck personal injury cases in the state.
The leading edge of Semi Truck Accident legal education for more than 30 years
With a 30-year history heading the Semi-Truck 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; teaching trial techniques and the latest Trucking Technologies in order to better assist Truck Wreck Cases throughout the state of Texas.
Miller Weisbrod Olesky Semi Truck 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.
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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