Houston Big Rig Accident Lawyers

Big rig accidents in and around Houston account for a large number of injuries and fatalities every year. According to the American Trucking Association reports, the trucking industry profits in large cities like Houston are growing, while there are thousands of big rigs on the road competing for a share of those profits.

With a high intensity of competition and huge amounts of money at stake, trucking companies often make compromises on hiring, training, and safety practices to overcome talent shortages and also pressurize drivers in various ways to meet unrealistic delivery demands. All of this means that Big Rig Crashes are just waiting to happen.

Contact Big Rig Accident Lawyers in Houston
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At Miller Weisbrod Olesky, our Houston Big Rig Accident Lawyers know from experience what kind of business tactics trucking companies, cargo loaders, freight handlers, and brokers adopt, which may be the underlying cause of your accident and injury. We have the skills and resources to take on large big rig companies and insurance providers and help you obtain your rightful damages.

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.

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.

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 Big Rig Trucking Accident, immediate investigation and concerted legal action may be necessary to protect your right to seek maximum recovery. Contact our Houston Big Rig Accident Lawyers for a free consultation.

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We encourage you to contact our Houston Big Rig Accident Attorneys as soon as possible after your accident so that we can secure crucial evidence from the truck’s event data recorder (EDR).

The Engine Control Module (ECM) is a key part of the EDR, which can reveal the big rig’s hours of service, GPS location, how hard the brakes were applied in moments leading to the accident, the speed of the big rig, whether the driver was using cruise control, and what kind of communication took place between the big rig driver and the trucking company.

Our in-house investigation and video team along with professional accident reconstructionists will collect all possible evidence from the crash site, the vehicles involved, driver’s logs, trucking company records, and eyewitness accounts to establish liability.

Our strong trial preparedness and our formidable track record of settlements and verdicts in big rig accidents may make even the most powerful defendants to agree to a fair settlement in your favor. If needed, we will take your case to trial to maximize the compensation for your injuries and losses.

Some of the common types of negligence of truckers, big rig companies, and third parties that could have led to your injuries or the wrongful death of a loved one in Houston include:

Some of the dangerous driving behaviors a big rig operator may indulge in include:

• Distracted driving
• Fatigued driving
• Drowsy driving
• Aggressive driving
• Speeding
• Driving while intoxicated

With the massive weight of a loaded big rig, this kind of negligent driving can lead to a devastating accident. When drivers are overworked, underpaid, or under pressure from their employers to meet excessive business goals, these types of deadly behaviors are more likely to happen.

The FMCSA has imposed Hours of Service limits on big rigs and other commercial vehicles in Houston as follows:

• Big rig operators may drive for only up to 11 hours maximum after at least 10 consecutive hours off-duty.
• They must not drive beyond the 14th hour at a stretch – including off-duty hours.
• They must not driver beyond 60 hours on duty during a 7-day workweek or 70 hours during an 8-day workweek.
• The next workweek may only be started after the big rig driver has taken at least 34 hours consecutively off-duty.
• Big rig drivers must take a mandatory uninterrupted break of at least 30 minutes after they have driven for 8 cumulative hours.

Big rig drivers in Houston may sometimes exceed these federally mandated HOS limits because of the pressure to deliver cargo within tight deadlines, while the trucking company conveniently looks the other way. The seasoned Houston Big Rig Accident Attorneys at Miller Weisbrod Olesky will identify and prove these violations to hold the trucking company liable for your injuries and maximize your compensation.

At Miller Weisbrod Olesky, our Houston Big Rig Accident Lawyers recognize that commercial vehicle carriers are required to have substantial liability insurance coverage. Therefore, we will leave no stone unturned to find evidence and establish the trucking company’s liability so that you can receive maximum financial compensation for your injuries and losses.

• Minimum $750,000 Insurance Coverage: Commercial vehicles with a gross weight of 10,001 pounds or more that are not carrying hazardous materials.
• Minimum $1,000,000 Insurance Coverage: Commercial vehicles with a gross weight of 10,001 pounds or more that are carrying oil, hazardous waste or other dangerous goods.
• Minimum $5,000,000 Insurance Coverage: Commercial vehicles with a gross weight of 10,001 pounds or more that are carrying hazardous materials in portable tanks, cargo tanks, or hopper-type automobiles with a capacity exceeding 3,500 water gallons.

If the driver of the Big Rig in Houston is a trucking company employee, they will usually be insured by the employer. But if the truck driver was an independent contractor, they are mandated to buy their own liability insurance coverage. In some cases, the trucking company may have purchased a self-insured retention policy, so a part of the settlement may have to be negotiated directly with their legal department.

Dealing with insurance companies after a big rig accident in Houston can be a complex and challenging process. It's essential to understand how insurance companies operate and protect your rights to ensure fair compensation for your claim.

The “Apology” Program of Insurers in Houston

Many insurance companies in Houston employ an "apology program" that trains adjusters to express empathy to accident victims without actually admitting fault. Adjusters may use kind words and propose offers of settlement to persuade you to accept a lower claim amount. With that said, you must differentiate between “empathy” and a genuine “apology.”

Simply hearing the word "sorry" does not imply an acknowledgment of responsibility. Be cautious of settling for less than what your claim is worth based on an apparent apology, which is most likely an insincere tactic of the insurance company to misguide you.

Insurance Dynamics in Houston Big Rig Accidents

Similar to your own car insurance payments, big rig companies in Houston pay premiums to their insurers. When the big rig motor carrier is at fault for accidents, their premiums increase. The insurer is responsible for covering the claims, so their profitability goes down when they pay higher claims.

Clearly, both the insurance company and the trucking company in Houston stand to lose profits if they agree to a fair settlement in every big rig accident case. You should be aware that these defendants are not on your side. The only party on your side is your own Houston big rig accident lawyer that is as much invested in your case as you are because they do not get paid until and unless you win a settlement.

Important Considerations When Dealing with Insurance Companies in Big Rig Accidents in Houston

• Minimizing Payouts: Insurance companies aim to pay out as little as possible for each claim to maintain profitability. Remember that you are not their customer; the trucking company is. Their objective is to keep payouts low to keep premiums affordable and retain their customers.
• Adjuster Knowledge: Insurance adjusters possess extensive knowledge about the value of injuries and have access to databases with information on comparable cases. They are trained to elicit specific responses from you during conversations, which they will use later to reduce your claim. So, it's better to avoid small talk and decline answering any questions related to the accident without first consulting with our Houston big rig accident lawyers.
• Settlement Authority: Insurance adjusters work within a settlement authority predetermined by the insurance company. This authorized settlement amount is often below the actual value of your claim. Adjusters are motivated to settle for the lowest possible amount to demonstrate their own worth to their superiors. Moreover, you have the right to reject their offer if it falls short of what you deserve.

It’s best to hire our Houston big rig accident lawyers immediately following your accident or as soon as possible. Having legal representation from us allows you to redirect the insurance company's inquiries to our attorneys. In cases involving large insurance companies and powerful defendants, our lawyer becomes your advocate, gathering strong evidence, managing professional communications, negotiating aggressively on your behalf, and working towards the highest possible settlement.

Unlike insurance companies, our attorneys at Miller Weisbrod Olesky understand the true value of your case. We are aware of the deceptive tactics employed by adjusters to pressure you or trick you into accepting woefully inadequate settlement offers. We will negotiate hard and fight to ensure you receive the compensation you deserve. If the insurance company fails to agree on a satisfactory settlement, our Houston big rig accident lawyers are prepared to go to trial to secure the maximum possible compensation for your injuries and losses.

Big rig accidents and injuries in Houston may also occur because of the fault of third parties, in addition to the trucking company’s negligence as follows:

• Trucking company fails to perform a proper background check while hiring a big rig driver.
• Trucking company fails to provide proper safety training to the big rig operators.
• Communication between the trucker and the employer or use of trucking technology while driving causing distraction.
• Cargo loading company commits negligence, such as unsecured cargo or cargo overloading.
• Big rig component manufacturer or tire manufacturer commits negligence by providing defective parts or defective tires.
• Big rig repair and maintenance provider fails to inspect, repair, or maintain the truck properly.
• Broker responsible for cargo delivery commits negligence by hiring the wrong trucking company.
• Construction company negligence leads to the big rig accident in a construction zone in Houston.
• Government agencies responsible for road design and maintenance commit negligence, leading to an accident.

With a 30-year history heading the 18 Wheeler 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 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 Big Rig Accident Cases throughout the state of Texas.

Clay was asked to be the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the State of Texas. Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years. Miller Weisbrod Olesky is regularly recognized by the U.S. News and World Report as one of the top injury law firms in the United States.