Fort Worth 18 Wheeler Accident Attorneys
Each year, a large number of 18 wheelers and other large commercial trucks are involved in accidents in Fort Worth. Statistical trends based on FMCSA figures show a rise in 18 wheeler accidents over the last few years. Trucking companies and 18 wheeler drivers in Fort Worth are required to follow federal and state guidelines for safe operating of these massive vehicles. When truck drivers and trucking companies take short cuts with safety regulations, truck wrecks can happen, causing serious personal injury or even wrongful death.
If you have suffered injuries in an accident with an 18 wheeler or lost a loved one due to wrongful death after a truck accident, you may be entitled to significant financial damages from the negligent parties. Fighting a personal injury or wrongful death lawsuit against major trucking companies and insurance providers requires extensive financial and legal resources.
Contact Fort Worth 18 Wheeler Accident Lawyers
1-888-987-0005
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.
At Miller Weisbrod Olesky, our Fort Worth 18 wheeler accident lawyers have the experience, resources and a successful track record of taking on large corporations and insurers to obtain the highest possible settlements or verdicts on behalf of victims of 18 wheeler crashes.
Our Legal Team will Move Fast to Protect Your Rights
When you are involved in a crash with an 18-wheeler in Fort Worth the negligent truck driver will usually make an immediate call to their dispatcher. Following the call, the insurers of the trucking company will mobilize their teams of investigators, accident reconstructionists, and attorneys – with a singular goal to shift the blame for your accident on to you and deny or reduce their liability for your injuries and losses.
To counter their first-mover advantage, it is vital that you reach out to our Fort Worth 18 wheeler accident lawyers as soon as possible. The moment you sign up with us, our video team, investigators, accidental reconstruction specialists, and attorneys will swing into action to secure all possible evidence. We can be at the scene within minutes or hours depending upon where your 18 wheeler crash took place.
We will inspect the crash site, obtain photos, videos, and other physical and forensic evidence, take eyewitness statements, download the data from the truck’s event data recorder (EDR), and secure the driver’s logs and trucking company’s employment records.
Our 18 wheeler accident attorneys and team will also ensure you receive the most comprehensive medical treatment, physical therapy and rehab, and prepare all medical evidence to prove the extent of your injuries, pain and suffering, and mental anguish, among other damages.
Common FMCSA Violations by Fort Worth 18-Wheeler Drivers and Trucking Companies
The experienced Fort Worth 18 wheeler accident attorneys at Miller Weisbrod Olesky are experts in the Federal Motor Carrier Safety Regulations and how they apply to truck accidents and trucking companies. Our 18 wheeler lawyers will find any and all potential violations of the FMCSA regulations as well as local and state laws to bolster your case for maximum financial compensation from the at-fault parties including the following regulations:
- Licensing: Interstate operators of commercial motor vehicles (CMVs), including 18 wheelers, must carry a valid commercial driver’s license (CDL). Read here about the CDL regulatory requirements.
- Hours of Service: Commercial truck drivers are required to follow the Hours of Service (HOS) rules mandated by the FMCSA. Trucking companies must not create conditions that lead to HOS violations. Read here about the HOS regulations.
- Drug & Alcohol Test: The FMCSA requires the trucking companies to ensure the 18 wheeler drivers they employ undergo the mandatory drug and alcohol testing. Read here about the Drug & Alcohol rules.
- Medical Examiner’s Certificate: Operating an interstate 18 wheeler is a physically and mentally demanding job. The FMCSA requires trucking companies to ensure their drivers are physically fit and carry a valid Medical Examiner’s Certificate. Read here about the requirement of a valid ME Certificate.
- Size & Weight: 18 wheelers and other large commercial trucks are subject to size and weight restrictions. Operating an oversized or overweight vehicle can result in catastrophic accidents. Read here about truck size and weight regulations.
- Cargo Loading: Loose cargo, improperly secured cargo, or cargo overload can increase the risk of 18 wheeler accidents. The FMCSA has clear rules in place for cargo securement for road safety. Read here about cargo securement rules.
- Insurance Coverage: Trucking companies as well as the drivers of 18 wheelers in Fort Worth are required by the FMCSA to carry minimum insurance, which can range from $750,000 to $5 million. Read here about FMCSA financial responsibility rules for trucks.
Causes of 18 Wheeler Crashes in Fort Worth
Truck Driver’s Negligence
- Speeding or aggressive driving
- Distracted driving
- Failure to signal
- Incorrect wide turns
- Driving while intoxicated
- Driving while Fatigued or with a lack of sleep
Trucking Company’s Negligence
- Pressuring the truck driver with unrealistic delivery deadlines
- Allowing or forcing truck operators to drive in adverse weather conditions
- Ignoring the risks of fatigued or drowsy driving by overworked truckers
- Failure to perform thorough background checks when hiring a driver
- Inadequate or improper training
- Poorly maintained truck or failure to perform inspections
- Ignoring or encouraging overloaded freight
- Failure to adhere to safety policies and procedures>
Financial Compensation You can Recover in Fort Worth
The dedicated 18 wheeler accident lawyers in Fort Worth at Miller Weisbrod Olesky will fight to maximize your financial compensation from all the liable parties. Your rightful damages may include:
Personal Injury
- Medical expenses, both current and future
- Loss of wages and loss of future earning capacity
- Pain and suffering (physical, psychological, and emotional)
- Mental anguish
- Physical impairment and disability
- Disfigurement
- Home modifications and attendant care in case of disability
- Punitive damages (when the trucking company or 18 wheeler driver is grossly negligent)
Wrongful Death
Under Texas law, eligible family members can recover compensation for the wrongful death of their loved one in an 18 wheeler accident. These include:
- Medical bills related to the last injury
- Pain and suffering endured before death
- Loss of income and benefits
- Loss of Household services
- Loss of Inheritance
- Loss of companionship, advice, counsel and care
- Mental Anguish
- Loss of Consortium
- Funeral or burial costs
- Punitive damages (in cases of trucking gross negligence)
Modified Comparative Negligence Rule in Texas
To deny your 18 wheeler personal injury claim in its entirety, the defendants in Fort Worth only need to show that you are more than 50% at fault for your own injuries. Texas is one of the few states with a harsh law of modified comparative negligence, which at some level works against the injured victims and the families of those killed in 18 wheeler accidents.
When the stakes are high, the trucking companies and their insurance providers are motivated to prove that your percentage of liability for your injuries exceeds 50%. This is where you need the capable and resourceful Fort Worth 18 wheeler accident lawyers from Miller Weisbrod Olesky on your side that are well-versed with the tactics these powerful defendants will adopt.
Our ability to gather compelling evidence against all the liable parties and our full-scale preparation to go to trial combined with our demonstrable track record of verdicts and settlements often weakens the resolve of the defendants to fight your claim before a jury. That puts us in a strong position to maximize your claim with the largest possible damages.
Protect Your Right to Financial Compensation
At Miller Weisbrod Olesky, our Fort Worth 18 wheeler accident attorneys will explore every possibility to increase your financial compensation and hold all the negligent parties liable for damages. Once you have us on your side, we will move aggressively to obtain truck data recorder evidence, driver logs, witness information, and evidence from the crash site in order to build a strong claim for damages, while you and your family can focus on your recovery.
We will fight to make sure you get all financial compensation you deserve through settlement against the responsible trucking company and their insurers or take your case to trial with through preparation of evidence and a winning legal strategy if they fail to pay you the money you are owed. Schedule your free consultation with our legal team today. Our proven record of success in obtaining substantial settlements and verdicts for our injured clients speaks for itself.
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 Fort Worth 18 Wheeler Accident Lawyers for a free consultation.
Meet The Leader In Truck Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Truck Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding trucking companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of trucking laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Truck Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.
Our truck accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in truck 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 Dallas 18 Wheeler 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