Truck accident injuries and fatalities are on the rise in Dallas. Poor driving behaviors, such as distracted driving, speeding, aggressive driving, and reckless driving are part of the problem. From a commercial perspective, driver shortages, supply chain disruptions, and profitability pressures are compounding the problem.
When the operator of a large commercial truck or 18-wheeler is pushed to work beyond the limits of their physical capacity, the consequences can be catastrophic for others on the road. If you or someone you love suffered injuries or got killed in a truck accident, you should speak to a confident and successful Dallas truck wreck lawyer at Miller Weisbrod Olesky as soon as possible.
Our legal team will move fast to inspect and analyze the crash site along with an accident reconstruction expert, obtain vital information from the truck’s data recorders and the trucking company’s records, and collect all possible forensic evidence and eyewitness accounts to build a strong case for your maximum financial recovery.
Miller Weisbrod Olesky Truck Accident Success
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.
A truck driver for the largest milk hauler in the United States fell asleep at the wheel, causing a wreck that killed my mom, Julia 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.
Among other notable truck wreck cases, Miller Weisbrod Olesky 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.
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!
Data from the TxDOT shows that in 2020, Dallas County reported 3,734 accidents involving CMVs (commercial motor vehicles).
Dangerous Highways with High Risk of Truck Accidents in Dallas
An analysis of the past years’ auto crash statistics in and around the city by our Dallas commercial vehicle accident lawyers shows that the following highways have a higher incidence of truck accidents:
Central Expressway (from LBJ Freeway to I-30)
LBJ Freeway (from I-35E to Dallas North Tollway)
Woodall Rodgers Freeway (from Stemmons to Central Expressway)
I-35 running through the DFW Metroplex “the de-facto route for 18-wheelers” – fifth deadliest highway in the US, according to the NHTSA
While trucks move at top speeds on Dallas highways making them more dangerous, truck accidents and injuries occur throughout Dallas. Delivery truck and box truck accidents are particularly common on the side streets and in parking lots within the city of Dallas.
Hours of Service Regulations for Trucks in Dallas
Hours of Service (HOS) refers to the maximum time limit for which truck drivers are allowed to work at a stretch, including driving time and rest breaks. The Federal Motor Carrier Safety Administration (FMCSA) imposes the HOS regulation on all commercial motor vehicles (CMVs), including both drivers and carriers.
“Commercial motor vehicle” in Texas is defined as a truck or truck-tractor with a trailer that operates for interstate commerce on the highways to transport property, and (a) weighs at least 10,001 pounds including load; or (b) has a gross vehicle weight or gross combination weight rating of 10,001 pounds; or (c) carries hazardous materials in a quantity that requires placards.
HOS Regulations
Driving for a maximum of 11 hours after being off-duty for at least 10 consecutive hours.
Not driving past the 14th hour after coming on duty (including off-duty time).
Mandatory break of at least 30 minutes after driving for 8 consecutive hours.
Driving for a maximum of 60 hours during a 7-day workweek, or 70 hours during an 8-day workweek. The workweek can restart after at least 34 consecutive hours off-duty.
Use of Sleeper Berth: The off-duty period of 10 hours can be split into two parts as follows: (a) one part should be at least 2 hours long (in or out of the sleeper berth); and (b) other part should include at least 7 consecutive hours in the sleeper berth.
The maximum driving time limit of 11 hours and the driving window of 14 hours can be extended by up to 2 hours in case of adverse driving conditions.
Suspected Truck Driver Fatigue: Proving An Hour Of Service (HOS) Violation In Dallas Truck Accidents
In the city of Dallas, both truck drivers and trucking companies are obligated to follow federal, state, and local laws and regulations governing their operations. If a trucking company engages in interstate transportation, its drivers must comply with the Federal Motor Carrier Safety Administration’s (FMCSA) hours of service (HOS) rules.
Alongside the truck safety regulations regarding driving, the FMCSA also mandates that truck drivers and trucking companies maintain meticulous records of their operations. If you suspect that driver fatigue played a role in your truck accident in Dallas, these records can serve as vital evidence to support your claim.
With that said, gathering concrete proof can be challenging. Trucking operators in Dallas are well aware that violating the rules can result in hefty fines, so they may resort to falsifying logs and records. This is where our dedicated and accomplished Dallas truck accident lawyers at Miller Weisbrod Olesky step in.
Our truck accident attorneys possess the knowledge and expertise to help uncover the evidence needed to substantiate your claims and establish that an hour of service violation and the resulting driver fatigue was the cause of the collision.
Evidence that can be critical to prove HOS violations and their link with driver fatigue includes:
Driver logs: Truck drivers in Dallas are required to maintain detailed logs of their trips and deliveries. Nevertheless, these records can be easily manipulated and forged to appear legitimate. Uncovering inconsistencies within the logs may require thorough investigation.
EDR records: Many truck cabs are equipped with electronic logging devices called “Electronic Data Recorder” (EDR) quite like the "black boxes" installed on airplanes. These logs are considerably more challenging to falsify if your lawyer can secure them quickly.
Cell phone data: Cellular phone records encompassing calls, texts, emails, GPS data, and internet activity can reveal a driver's actual behavior during periods designated for rest or distraction-free driving.
GPS records: Trucking companies in Dallas utilize GPS systems like Qualcomm to track their vehicles, providing valuable information such as speed and location.
Inspections & maintenance records: These records can be cross-referenced with driver logbooks to identify inconsistencies or inaccuracies.
Receipts & bills of lading: Records such as gas station receipts, weigh station documentation, food and drink transactions, toll booth tickets, and bills of lading for shipped goods can help pinpoint a driver's precise whereabouts at specific times, enabling a comparison with the logbooks.
When a trucking company in Dallas engages in interstate transportation, adherence to the FMCSA hours of service rules is mandatory for its truck drivers. If you can demonstrate that your accident resulted from a violation of these trucking safety rules, the responsibility for the crash is likely to fall on the trucking company for their reckless actions.
With our seasoned team of Dallas truck accident lawyers by your side, it’s possible to hold the negligent parties accountable and secure the maximum financial compensation you deserve for your injuries and losses.
What Damages can be recovered in a Dallas Truck Injury or Wrongful Death Case?
Our skilled Dallas truck wreck attorneys have a successful track record of recovering maximum damages on your behalf from the negligent parties. Possible damages include:
Personal Injury Cases
Current and future medical costs, including ER visits, doctor consultations, hospitalization, surgery, physical therapy, prescription drugs, mental health counseling, PTSD treatment, assistive devices, and long-term rehab costs
Current and future loss of income and earnings capacity
Pain and suffering (both physical and emotional)
Disfigurement and scarring
Loss of consortium
Loss of enjoyment of life
Mental anguish, anxiety and fear
Modifications to the home in case of disability
Property damage
Wrongful Death Cases
Under Texas law, certain family members can claim the following wrongful death damages if a loved one was killed in a truck accident due to another’s fault:
Medical expenses from the decedent’s injuries that caused his/her death
Pain and suffering the decedent may have endured prior to death
Loss of income and benefits
Loss of care including household services
Loss of companionship
Funeral or burial expenses
Mental Anguish as a result of the loss of a loved one
In some cases of personal injury or wrongful death, our Dallas truck accident lawyers may also be able to obtain punitive damages (exemplary damages), if the conduct of the at-fault parties was particularly egregious, such as distracted driving or another extremely reckless driving behavior or trucking company behavior.
Common Forms of Negligence in Dallas Truck Accident Cases
The top-rated Dallas commercial vehicle accident attorneys at Miller Weisbrod Olesky will work to establish the negligence of the truck driver, the trucking company, and any third parties in order to maximize your claim for damages.
Forcing the truck driver to meet delivery deadlines at risk to others on the road
Asking the truck driver to under-report their driving hours
Recruiting less experienced or incompetent truck drivers to make up for the shortage of labor or to save on costs
Providing incorrect, inadequate or no training to the drivers
Ignoring the track record of the driver regarding dangerous driving, or use of alcohol or drugs while driving
Failure to perform a thorough background check while hiring drivers and other negligent hiring practices
Failure to maintain the truck in proper condition
Failure to install reasonable safety systems and automotive technology in the truck to reduce the risk of accidents
Violation of Hours of Service regulations and failure to audit driving logs
Trucking Technology can Distract and Cause Accidents
Technologies to support transportation, such as on-board computer systems (for weather reports, dispatch instructions, route directions, and load data), GPS devices, and conventional citizens band radios can cause distractions and lead to devastating truck accidents in Dallas.
Even if the manufacturers of these systems may activate lock-out devices so that the driver may not use the system while driving, many truck drivers or trucking companies find ways to disable these devices, putting lives in danger. (Note: The FMCSA also prohibits the use of on-board computers when a truck is in motion.)
In many cases, trucks are fitted with lifestyle technologies, including computers, monitors, internet access, satellite TVs, movie players, and gaming devices. Apart from cellphone texting, all these lifestyle technologies can contribute to distracted driving accidents in Dallas. Our Dallas truck wreck lawyers will deeply investigate all possible causes to hold the negligent parties liable for your injuries and losses.
Technologies that can Help Prove Negligence in Truck Accident Cases
Truckers and trucking companies in Dallas today use advanced technologies to increase their efficiency. The digital or electronic devices often contain critical data and information that can help establish their negligence in your truck accident and injury case. The seasoned Dallas truck accident lawyers at our law firm encourage you to contact us as soon as possible after the accident so that we can act swiftly to obtain and preserve critical evidence.
Electronic Control Modules (ECM) can record data related to the engine, vehicle speed and braking systems.
Event Data Recorders (EDR), commonly called the Black Box, can provide information related to braking, steering, speed, occupant position, ABS activation, brake application, throttle percentage, cruise control, tire pressure, velocity change, and crash pulse.
Dash-mounted cameras can provide footage related to the driver behavior and traffic in the truck’s front.
GPS and other navigation devices can record vital data related to the position of rest, area of impact, and trip information.
Driver logs, cellphone or radio communication records, email records, and fuel receipts are other useful pieces of evidence.
It is important to remember that the negligent truck driver and the trucking company already have a headstart on you from the moment the accident occurred. Therefore, the faster you reach out to our Dallas truck wreck attorneys at Miller Weisbrod Olesky, the faster we will move to obtain and secure the evidence that proves the defendants’ negligence.
Potential Liable Parties in a Dallas Truck Crash Injury Case
The following parties, individually or severally, may be held liable for your Dallas truck accident and injury or for the wrongful death of a loved one:
Truck Driver – Negligent driving behavior of the trucker may be a key cause of your accident.
Trucking Company – Violation of Hours of Service rules or other forms of hiring, training or managing negligence on part of the trucking company.
Cargo Loader – Cargo overloading, loose cargo, dangerous cargo, or improper loading on part of the cargo loading contractor.
Third-Party Vendor – Negligence in driver recruitment, training, truck maintenance and repair, when it is outsourced to a third party vendor.
Truck Component Manufacturer – Tire blowouts, braking failures, steering system defects, or other malfunctions due to manufacturing or design fault.
Repair Mechanic – Improper or faulty repair or maintenance of the truck by a mechanic or workshop may lead to malfunction and accident.
Truck Brokers – Third party logistics provider making cargo hauls on behalf of shippers may hire incompetent carriers, leading to an accident.
Road Construction Company – Failure to keep the work zone safe during road construction may result in serious truck accidents and injuries.
Government Agencies – Road defects, debris on the road, poor lighting, failure to maintain the road, and other road hazards may cause an accident.
Federal Insurance Requirements for Commercial Trucks
The FMCSA imposes mandatory liability insurance coverage minimum limits for commercial trucks in order to ensure that the truck accident injured victims and the family members of the victims of wrongful death can receive the financial compensation they are entitled to. The liability coverage minimums include:
Trucks below 10,001 pounds not hauling hazardous materials: $300,000
Trucks above 10,001 pounds not hauling hazardous materials: $750,000
Private truckers and trucking companies hauling oil: $1,000,000
Trucks hauling hazardous material except oil: $5,000,000
Statute of Limitations for Truck Accident Personal Injury Claims
According to the Texas Civil Practices & Remedies Code Section 16.003, you have up to two years from the date of your truck accident to file a lawsuit for personal injury or wrongful death. You should consult with the Dallas commercial vehicle accident lawyers at Miller Weisbrod Olesky as soon as possible because the clock starts ticking right after the accident.
When time is on our side, we are in a stronger position to gather evidence and build a solid case to negotiate the maximum possible settlement on your behalf with the defendants and their insurance companies or be thoroughly prepared to take your case to trial for a winning outcome.
The leader in Truck Accident legal education for more than 30 years
With a 30-year history heading the Semi Truck 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 Houston 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 Company Vehicle Accident Cases throughout the state of Texas.
Miller Weisbrod Olesky Dallas 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 $26,500,000jury 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.
