Fort Worth Truck Accident Attorney

An accident involving a large commercial truck can turn your life upside down. Devastating injuries resulting from the accident could leave you struggling with mounting medical bills, inability to work and earn, and prolonged pain and suffering.

At Miller Weisbrod Olesky, our Fort Worth truck accident attorneys can help you deal with these challenges, while aggressively pursuing maximum financial damages on your behalf from the negligent trucker, trucking company, other potential defendants and their insurance providers.

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.

Contact Trucking Accident Lawyers in Fort Worth
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Fort Worth Trucking Accident Settlement:
A truck driver for one of the largest trucking companies in the United States attempted to use an on-board computer while driving through Fort Worth and Tarrant County. The distracted driver did not see our client’s mother’s vehicle slowing down to assist a disable vehicle of a friend. The tractor-trailer smashed into her vehicle causing her death.

Miller Weisbrod Olesky quickly filed the case and obtained a temporary restraining order over the truck. Our legal team learned during the lawsuit that the national company had made a corporate decision to disable a lock-out device for the on-board computer—thus allowing drivers to drive and type/read on the computer simultaneously. After refusing several multi-million dollar offers, we announced ready for trial, the company and its insurance companies then agreed to a $6,000,000 settlement on the eve of trial.

A report published in the Fort Worth Star-Telegram showed that fatal commercial truck crashes have been going up in the 12 counties that constitute the Dallas-Fort Worth Metroplex and includes Tarrant County. During the pandemic, although the miles traveled by commercial vehicles dropped, the number of fatalities increased compared to previous years.

According to the experts who were interviewed by Fort Worth Star-Telegram for its report, reckless driving, speeding, distracted driving, drunk driving, fatigued or drowsy driving and other human behaviors were the primary causes behind the jump in fatal truck accidents involving large trucks. Trucker shortages are likely compounding these dangerous behaviors at a commercial level.

Trucking companies in Fort Worth push truck operators to their limits so that they maximize or exceed their permissible hours per week. Experts say this can create “road hypnosis” where the commercial truck driver is unable to keep full alertness and attention on the road. When driving an 18-wheeler or other large truck, even minor lapses in attention can result in catastrophic crashes and fatalities.

Road/Highway Hypnosis: Also known as white line fever, highway hypnosis is a naturally occurring, trancelike state in which the brain's processing and responses are dulled. Drivers in this state slip deep into thought about something else while driving without consciously thinking about it. Reaction times are slower.

On top of pressuring truck drivers, trucking companies in Fort Worth now increasingly recruit less experienced or less qualified drivers, skip detailed background checks before hiring, and spend less time on driver training to make up for industry-wide truck driver shortages. Some trucking companies may even compel truck drivers to under-report driving hours, overload the cargo, or commit other violations to meet their business and profitability goals.

The experienced team of Fort Worth truck accident attorneys at Miller Weisbrod Olesky knows the measures and tactics trucking companies adopt to improve their bottom line while cutting corners on safety. We have the skills, resources, and experience to take on large trucking companies and their insurers, prove their negligence with strong evidence, and pursue the largest possible financial damages on your behalf.

Fort Worth is intersected by several highways and trucking routes, leading to an increased number of 18-wheelers transporting goods in the area. Some of the most dangerous roadways for commercial truck accidents in the Fort Worth area include:

• Interstate 20
  According to the NHTSA’s Fatality Analysis Reporting System, the section of I-20 that runs through the Dallas-Fort Worth metroplex ranks as the 6th most dangerous highway in the country.
• State Highway 199 and West Weatherford Street
  When large truck drivers merge onto West Weatherford Street from Forest Park Blvd or Summit Ave to figure out the next turn, they may sometimes take their eyes off the road. This distraction is a notable cause of collisions with other vehicles on State Highway 199.
• I-35W and East Berry Street
  Commercial truck drivers exiting I-35W to East Berry St. often travel at highway speeds of 60 to 70 mph. But they must quickly lower their speeds because the access ramp speed limit is only 30 mph. A failure to make this quick adjustment may lead to their collision with other vehicles on East Berry Street.

Our highly rated Fort Worth truck accident attorneys possess in-depth knowledge of all the local, state, and federal laws that apply to commercial vehicles, including big rigs, 18-wheelers, tractor-trailers, flatbeds, box trucks, garbage trucks, delivery trucks, and food trucks, among others.

• FMCSA Regulations
  A thorough knowledge of the Federal Motor Carrier Safety Act (FMCSA) regulations is critical for a truck accident law firm because apart from the truck driver’s negligence, specific violations of the FMCSA may have led to your Fort Worth truck accident and injuries. For example, Hours of Service (HOS) violations or poorly secured cargo falling off a tractor-trailer may create liability of the trucking company and third parties. Our lawyers will identify all liable parties to maximize your claim for damages.
• TxDOT Rules
  The truck accident attorneys at Miller Weisbrod Olesky have intricate knowledge of the rules promulgated by the Texas Department of Transportation (TxDOT) regarding the registration and inspection of commercial trucks, and truck driver licensing requirements. We will determine whether any rules set forth by TxDOT was violated by the truck driver, trucking company or third party vendors in order to hold them liable for your truck accident injuries and losses.
• City Ordinances
  In Fort Worth, city ordinances related to weight limit and lane restrictions for commercial trucks apply on certain roads and bridges within the city. These regulations are not directly related to personal injury cases, but under specific circumstances, they may become important to your case. Our truck accident attorneys in Fort Worth will formulate their arguments in the backdrop of these violations to win your commercial vehicle injury case.

Texas imposes weight limits on commercial vehicles based on the number of axles, while additionally imposing a maximum weight limit (with cargo) of 80,000 lbs. According to the Texas DMV, commercial trucks in Fort Worth must adhere to the following weight limits:

• Single axle truck: up to 20,000 lbs.
• Tandem axle truck: up to 34,000 lbs.
• Triple axle truck: up to 42,000 lbs.
• Quad axle truck: up to 50,000 lbs.

When a commercial motor vehicle or CMV (defined as a commercial truck or tractor-trailer) in Fort Worth weighs 10,001 lbs. or more, or is transporting hazardous cargo in placard-requiring quantity, it must abide by the following federal Hours-of-Service regulations:

• Maximum driving for 11 hours after remaining off-duty for at least 10 consecutive hours.
• No driving beyond the 14th hour (including off-duty time) after coming on duty.
• Up to 60 hours of driving permitted during a 7-day workweek or 70 hours during an 8-day workweek. Before starting the next workweek, the truck driver should spend at least 34 consecutive hours off-duty.
• Sleeper berth provision: The 10-hour off-duty period can be split into two segments: (a) one segment should constitute at least two hours (whether in or out of sleeper berth); and (b) the other segment should constitute at least seven consecutive hours in the sleeper berth.
• Adverse conditions provision: In adverse driving conditions, the 11-hour maximum driving time limit and the 14-hour maximum driving window can be extended for up to two hours.

At Miller Weisbrod Olesky, our Fort Worth truck accident lawyers know HOS violations can occur when the trucking company pressurizes its drivers to meet unrealistic delivery deadlines. We will investigate this angle and prove the liability of the trucking company to help you obtain your rightful financial compensation under the law.

To prove the liability of the trucking company and third parties, such as cargo loading company, maintenance provider, and truck component manufacturer, our truck accident attorneys in Fort Worth will utilize our in-house expertise as well as our network of specialists, such as:

• EDR Decoding Experts: Modern commercial trucks in Fort Worth are fitted with an electronic data recorder (EDR) or black box, which records data such as the speed of the truck and when the brakes were applied just before the accident. Our EDR experts will download, preserve, and interpret the data and explain its relevance to prove liability.
• Accident Reconstructionists: These specialists with background in engineering, physics and accident scene investigations will review and analyze the vehicles at the site of crash, tire marks, property damage, nature of injuries, photos, videos, black box data, and other physical and forensic evidence to recreate the accident and establish how your injuries occurred.
• Other Specialists: Maintenance specialists can explain to a jury about the safe practices necessary to maintain a roadworthy fleet of trucks. Phone record specialists can dig through data to show whether communication via phone, text, email, online chat or other means between the trucking company and the driver caused distraction just before the accident. First responders can sometimes prove to be critical expert witnesses to tell a jury who in their opinion was at fault for your truck accident and injuries.

• Medical costs
  • Emergency medical care
  • Medical exams, including lab work and imaging tests
  • Surgery and anesthesia costs
  • Hospital stay
  • Doctor consultations and treatment
  • Physical therapy
  • Mental health or psychological therapy
  • Alternative therapies
  • Long-term rehabilitation and attendant care
  • Assistive devices
  • Prescription drugs and pain medications
  • Future medical care
• Current loss of wages
• Future loss of earning capacity
• Pain and suffering (both physical and emotional)
• Mental anguish
• Anxiety, fear, and humiliation
• Scarring and disfigurements
• Loss of enjoyment of life

In case of a wrongful death in a Fort Worth commercial truck accident, according to the Texas Civil Practice & Remedies Code Chapter 71, certain family members of the deceased can claim compensation, such as:

• Medical bills from the decedent’s last injury
• Loss of income and benefits
• Burial or funeral expenses
• Loss of care and companionship
• Pain and suffering the decedent endured prior to death

In exceptional cases, our truck accident lawyers in Fort Worth may also be able claim punitive (exemplary) damages by proving the particularly egregious behavior of the defendants, which led to your injuries or a loved one’s wrongful death.

Minimum FMCSA Insurance Limits for Commercial Trucks

• Trucks weighing up to 10,000 lbs. without hazardous cargo: $300,000
• Trucks weighing up to 26,000 lbs. but carrying only household goods: $300,000
• Trucks weighing 10,001 lbs. or above without hazardous cargo: $750,000
• Trucks carrying oil: $1 million
• Trucks carrying hazardous cargo other than oil: $5 million

According to the Texas Civil Practice & Remedies Code Section 16.003, you have two years from the date of accident and injury (or two years from the date of wrongful death of a loved one) to file a claim for compensation. If you miss this deadline, the defendant will almost certainly apply for a “motion to dismiss” and the court will most likely dismiss your case.

Our Fort Worth truck accident attorneys at Miller Weisbrod Olesky encourage you to reach out to us as soon as possible after your accident. We will move immediately to preserve evidence at the scene of crash, secure the black box data, driver log books, and trucking company records, talk to eyewitnesses, send our video team to the site, and hire accident reconstructionists to build a rock solid case against all potential defendants.

At Miller Weisbrod Olesky, our Fort Worth trucking 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 Trucking Accident Lawyers for a free consultation.

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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.