Houston Commercial Vehicle Accident Attorney

• Practices Areas
• 18-Wheeler Accident
• Houston Commercial Vehicle Accident Attorney

Houston Commercial Vehicle Accident Lawyer

The aftermath of an accident with a commercial vehicle can be physically, emotionally, and financially challenging for the injured victim and their family. Severe injuries can result in prolonged pain and suffering and diminished ability to work. In some unfortunate cases, the family members may lose a loved one to wrongful death in the commercial vehicle accident.

Commercial vehicles include delivery trucks, oilfield trucks, company trucks (plumbers, electricians, etc), a person driving a company car to a meeting or even a ride share vehicle like an Uber or Lyft.

At Miller Weisbrod Olesky, the top-rated team of Houston Commercial Vehicle Accident Attorneys is committed to helping you obtain your rightful financial compensation from the negligent parties so that you can move forward in life. We have the resources and the skill set to successfully take on large commercial vehicle carriers and insurance companies on behalf of the injured victims in Houston.

Contact Commercial Vehicle Accident
Lawyers in Houston
(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.

If you are not sure if your accident involves a “commercial vehicle” contact us. You will pay nothing for our FREE consultation about your accident. No matter what, we will never charge you any fee or expense until and unless we win you a financial settlement.

Miller Weisbrod Olesky Commercial Vehicle Accident Success

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.

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.

Commercial Vehicle Accident:
A Texas Highway Maintenance worker was working in the triangle shaped area between freeway and off ramp marked by orange barrels. A Commercial Minivan was missing its exit and drove into the work area striking our client and killing him. Our Houston Commercial Vehicle Accident Attorneys recovered $2,750,000.00 for his family.

If you were hurt or a loved one was severely injured or tragically killed in a Commercial Vehicle Trucking Accident, immediate investigation and concerted legal action may be necessary to protect your right to seek maximum recovery. Contact our Houston Commercial Vehicle Accident Lawyers for a free consultation.

Types of Commercial Vehicle Accidents We Handle

Our Houston Commercial Vehicle Accident Lawyers are well-equipped to pursue personal injury and wrongful death claims against negligent drivers, commercial vehicle companies, and third parties, such as brokers, cargo loaders, auto component manufacturers, truck repair and maintenance companies, and government entities, among others.

We have in-depth knowledge and experience in handling accidents involving commercial vehicles, such as 18 wheelers, tankers, cement trucks, utility trucks, box trucks, food trucks, rental and moving trucks, flatbeds, dump trucks and garbage trucks. Call our dedicated legal team at the first opportunity if you were injured or someone you love was killed in the following types of truck accidents:

• Jackknife accident
• Underride and override accident
• Tanker truck accident
• Runaway truck accident
• Rollover accident
• Head on collision
• Rear end collision
• T-bone accident
• Sideswipe accident
• Wide turn accident
• Blind spot accident
• Construction zone truck accident
• Hazardous cargo spill or exposure
• And more...

Types of Laws Applicable to Commercial Vehicles in Houston

Our competent commercial vehicle accident attorneys in Houston at Miller Weisbrod Olesky are well-versed with all the federal, state and local laws and regulations that may apply to commercial vehicles. Proving violations of any of these laws strengthens your claim for damages from the at-fault parties.

Commercial Vehicle Operators In Houston Are Bound By State Regulations

Houston's commercial vehicle industry operates under strict regulations set by the state under Title 7 of the Texas Transportation Code. These regulations, which supplement the federal guidelines established by the FMCSA, encompass various aspects of commercial motor vehicle (CMV) operations and trucking companies.

At the law firm of Miller Weisbrod Olesky, our team of Houston commercial vehicle accident attorneys is highly knowledgeable about the intricate web of local, state, and federal laws that pertain to CMVs. Should you find yourself involved in a truck accident, we will diligently investigate any potential violations to establish the liability of negligent parties and pursue maximum compensation for your injuries.

Here are some of the state regulations that govern commercial vehicle operators in Houston:

• All commercial motor vehicles must undergo registration in the respective Texas County of their owner's residence.
• Houston-based commercial vehicle drivers are required to carry documentation indicating their vehicle's weight when empty and the maximum weight it is authorized to transport.
• Brake requirements for commercial trucks are determined based on their weight classification.
• Houston restricts the maximum height of commercial trucks to 14 feet measured from the ground to the highest point.
• When stopped on the side of the road, commercial trucks must adhere to rules concerning the use of hazard warning lights, reflectors, and flares.
• Houston mandates the conspicuous placement of reflective tape, measuring at least 12 inches in length, on specific parts of all commercial trucks and truck trailers.
• Large commercial motor vehicles and trucks transporting explosives must halt at all railroad crossings in Houston.
• Trailers without sides or flatbed trailers must secure their cargo by properly tying it down.
• Specific regulations govern the transportation of loose cargo, including sand, gravel, or wood chips by commercial vehicles in Houston.
• Commercial vehicles equipped with metal tires exceeding 5,000 lbs in weight must acquire a special permit to operate on Houston highways.
• It’s prohibited for commercial vehicles in Houston to disengage the clutch while coasting downhill.
• Farm tractors must be equipped with two headlamps and two red reflectors for safety compliance.

These regulations aim to ensure the safe operation of commercial vehicles within Houston and protect the well-being of both drivers and the general public. By adhering to these guidelines, commercial vehicle operators can contribute to a secure and efficient transportation system in the city.

Our Houston commercial vehicle accident attorneys will investigate and prove any violations of these regulations that may have led to your trucking accident and injuries, and hold the negligent parties accountable for maximum damages.

The Federal Motor Carrier Safety Act

Laws under this Act regulate almost all the key aspects of operating large commercial vehicles, including Hours of Service (HOS) rules, load restrictions for big rigs, and the minimum liability insurance coverage the commercial motor carrier must have.

For commercial vehicle accidents, you need experienced attorneys who can identify and prove FMCSA violations, in addition to the driver’s negligence. This will ensure that your financial recovery is maximized from the commercial motor carrier and other potential liable parties, and not just the negligent driver.

Texas DOT Rules and Texas Transportation Code

The Texas Department of Transportation (TXDOT) has promulgated specific rules regarding how large commercial vehicles must be registered, maintained and inspected. The DOT also regulates the licensing requirements for CV drivers.

Several sections of the Texas Transportation Code also deal with commercial vehicles, including areas such as safety standards, maximum speed limits, alcohol and drug use, loading of cargo, and the duty to share information and render assistance in the event of a commercial vehicle accident.

Houston City Ordinances

A number of cities in Texas, including Houston, have certain rules and regulations that apply to large commercial vehicles only. Some roads and bridges have signs specifying the maximum load a commercial vehicle can carry. Houston prohibits the parking of semi-trucks or big rigs in residential neighborhoods at any time of the day or night, while parking on a public street is limited to two hours.

Another Houston city ordinance requires large commercial vehicles to stay out of the left lane during specific times of the day. There are clear signs put up to inform truck drivers that they must remain to the right. On certain Houston freeways too large commercial vehicles are required to stay out of the left lane all 24 hours.

Causes of Commercial Vehicle Accidents in Houston

The competent Houston commercial vehicle accident lawyers at Miller Weisbrod Olesky will collect physical and forensic evidence, access black box data, talk to eyewitnesses, and hire accident reconstructionists to determine how and why your accident and injuries occurred. Common causes that may contribute to your accident, for which the negligent driver, the commercial vehicle company and other parties can be held liable, include:

• Texting while driving or other forms of distracted driving
• In-vehicle technology causing distractions for the driver
• Driving while intoxicated due to alcohol or drugs
• Speeding
• Driver fatigue or drowsiness
• Aggressive driving
• Tailgating
• Unsecured cargo, overloading, or unauthorized cargo
• Tire blowout or defective tires
• Braking malfunction or component failure due to poor maintenance
• Trucking company pressurizing the driver to violate HOS rules
• Failure to maintain a lookout
• Improper training to the commercial vehicle driver
• Failure to conduct a background check
• Employer’s unrealistic delivery deadlines to the driver
• Violation of safety regulations
• Construction company negligence on the road
• Road defects

Commercial Vehicle Accident:
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.

Vicarious Liability of the Commercial Motor Carrier in a Houston Accident

Under the legal theory of “respondeat superior” (“let the master answer”) the company that owns the commercial vehicle could have vicarious liability for your injuries and losses. Our dedicated Houston commercial vehicle accident attorneys will prove it if the employer is liable along with the negligent vehicle driver so that your financial recovery is maximized.

Motor carriers in Houston have major financial stakes, so they usually protect themselves with large insurance policies. To hold the negligent commercial vehicle companies liable under the doctrine of “respondeat superior” our lawyers in Houston will work to establish the following facts:

• At the time of the accident, the commercial vehicle driver was operating under the control and instruction of the employer.
• The commercial vehicle company was in a position of control over the driver’s actions.
• The commercial vehicle operator’s negligent actions occurred within the scope of their official work duties.

Some companies allow their commercial vehicles to be taken home at night or used for personal (non-business) purposes. When this occurs, the company’s insurance will still apply to the accident. Do not be fooled by insurance companies that try to convince you they are not responsible. Contact our Houston Commercial Vehicle Accident Attorneys today for a FREE consultation regardless of how your commercial vehicle accident happened.

Statute of Limitations for Commercial Vehicle Accidents in Houston:
Under Texas Civil Practice and Remedies Code Section 16.003, the time period within which you can file a lawsuit for personal injuries sustained in a commercial vehicle crash is two years from the date of accident. In a case of wrongful death, the time period to file a claim is two years from the date of death (and not the date of the accident).

The leader in Commercial Vehicle Accident legal education for more than 30 years

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 Commercial Vehicle 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.

Miller Weisbrod Olesky Houston Commercial Vehicle Accident Lawyers