Houston Company Vehicle Accident Lawyer
Company vehicles in Houston, such as large commercial trucks can weigh up to 20 times the weight of an average passenger car when fully loaded. This makes an accident with a company vehicle much more dangerous, with an increased risk of fatalities and catastrophic injuries.
At Miller Weisbrod Olesky, our experienced Houston company vehicle accident lawyers have been successfully representing injured victims as well as families that lost a loved one to wrongful death in this type of a crash. We recommend you to speak to our lawyers before you engage with the insurance company so that we can advise you about your legal rights.
Contact Company Vehicle
Attorneys in Houston
1-888-987-0005
At Miller Weisbrod Olesky, the top-rated team of Houston Company 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 company vehicle carriers and insurance companies on behalf of the injured victims in Houston.
While driving his motorcycle, our client was run off the road by a company vehicle, owned by a local home builder attempting to merge onto the Highway. The company vehicle diverted our client's direction of travel causing him to lose control of the motorcycle, and crash into the curb of the service road. Our Houston Company Vehicle Attorneys recovered $3,000,000.00 to help treat his severe injuries.
Our Company Vehicle 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 “company 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.
Contact Houston Company Vehicle Accident Lawyers
1-888-987-0005
Miller Weisbrod Olesky Company Vehicle Accident Success
Company Vehicle Accident:
Our client was hit head on by a company truck owned by a local oilfield services company. Our client had severe injuries to her vascular system causing loss of her leg below the knee. Our company vehicle accident attorneys recovered $7,000,000.00, for our client, to help with future needs.
We will fight to make sure you get all financial compensation you deserve through settlement against the responsible 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 Company Vehicle Accident, immediate investigation and concerted legal action may be necessary to protect your right to seek maximum recovery. Contact our Houston Company Vehicle Accident Lawyers for a free consultation.
Houston Company Vehicle Laws and Regulations will Affect Your Claim
Unlike passenger cars, the drivers of company vehicles as well as commercial motor vehicle carriers are required to follow stringent laws and regulations to operate semi-trucks, tractor trailers, dump trucks, garbage trucks, food trucks, Amazon trucks, and delivery trucks and vans, among other commercial vehicles.
Operating of company vehicles, such as commercial trucks in Houston is governed by number of regulations, such as:
- The company vehicle driver with a commercial driver’s license (CDL) must carry the necessary documents and permits, including documents showing the vehicle’s weight without cargo and how much load it is permitted to haul.
- The height of the commercial truck from the ground to the top is limited to 14 ft. in Houston.
- Specific brake requirements are imposed based on the truck’s weight, apart from lighting requirements for farm tractors.
- Equipment regulations applicable to hazard warning lights, reflectors, and flares (in case the truck breaks down and stops alongside the road). These rules vary according to the type of truck and the type of road.
- Special permit is required for company vehicles with metal tires that weigh in excess of 5,000 lbs.
- Regulations related to the transport of loose cargo, such as gravel, sand, and wood chips.
- Disengaging the clutch is prohibited for a company vehicle that is coasting down a ill.
- Regulations related to securing the cargo include rules, such as the cargo load must be tied down on all trailers without sides or flatbed trailers.
- All commercial trucks in Houston should have at least 12-inch long reflective tape visible at specific places.
The seasoned Houston company vehicle accident attorneys at Miller Weisbrod Oleksy have in-depth knowledge and understanding of all the laws and regulations related to commercial vehicle accidents in the city. We make us of this knowledge to hold the commercial motor vehicle carrier and any third parties liable for your injuries and losses in order to maximize your compensation.
Hours of Service (HOS) Regulations for Houston Company Vehicles
Hours of Service (HOS) is the maximum time limit for which commercial vehicle drivers are permitted to work consecutively, including driving time and rest breaks. The FMCSA has imposed strict HOS regulations on all CMVs. These regulations including the following:
- Driving is permitted for up to 11 hours after being off-duty for a minimum of 10 consecutive hours.
- No driving is permitted beyond the 14th hour after coming on duty (including off-duty time).
- The driver must take a mandatory break of 30 minutes or more after driving consecutively for 8 hours.
- The company vehicle driver can operate for up to 60 hours in a 7-day workweek, or 70 hours in an 8-day workweek. The next workweek can begin only after the driver has spent at least 34 hours off-duty consecutively.
- Sleeper berth provision: The off-duty period of 10 hours may be segregated into two parts as follows: (a) one part should be of two hours or longer (in or out of the sleeper berth); and (b) the other part should include at least seven hours in the sleeper berth consecutively.
- In the event of adverse driving conditions, the upper limit of 11 hours of driving time and the driving window of 14 hours can be extended by a maximum of two hours.
The company vehicle accident lawyers in Houston at Miller Weisbrod Olesky are aware of the pressure some trucking companies can put on their drivers to meet difficult deadlines. This can lead to HOS violations, which could be an underlying cause of your accident and injury. We will investigate, obtain evidence, and prove the liability of trucking company in this situation so that you can achieve the maximum damages you are entitled to under the law.
Compensation in Houston Company Vehicle Crashes
Personal Injury Compensation
- Current and future medical costs
- Physical therapy and rehabilitation costs
- Loss of current and future income
- Pain and suffering
- Mental anguish
- Disfigurement
Wrongful Death Compensation
- Medical costs after the decedent’s injury and before wrongful death
- Loss of financial contributions
- Loss of consortium, care, comfort, and society
- Funeral or burial costs
- Loss of potential inheritance if the decedent had life the normal lifetime
- Compensation for Texas bystander claim (witnessing the loved one’s death) for family members or other close relatives
Our company vehicle accident attorneys in Houston know what it takes to obtain the rightful compensation from the at-fault trucking company and insurance companies, apart from the negligent trucker and other liable parties. We have the skills, resources, and experience to negotiate strongly with the at-fault parties and insurance companies and, when necessary, take the case to trial in order to maximize your compensation.
Company Vehicle Accidents in Houston are Preventable
Company vehicle crashes, including rollover accidents, under-ride and over-ride accidents, jackknife accidents, tire blowouts, unsecured load accidents, and hazardous materials commercial vehicle crashes can be prevented in a large number of cases.
If the trucking companies in Houston follow correct driving hiring and training practices, pay attention to the truck safety and maintenance, and avoid pushing the drivers to meet unrealistic delivery schedules, it can reduce HOS violations, speeding, distracted driving, and fatigued driving, which are some of the preventable causes of Houston company vehicle accidents.
Police Report Is Not The Holy Grail
Independent Investigation And Evidence Matters In Proving Liability in a Company Vehicle Accident
One of the misconceptions among many injured victims is that a favorable police report alone is sufficient to secure victory in a company vehicle accident case in Houston. This is far from the truth, as police reports often fall short in meeting the burden of proof in a personal injury or wrongful death lawsuit, being either inadequate or woefully incomplete.
Critical Elements may be Missing from a Police Report
First and foremost, expert witness testimony, which holds significant weight in a company vehicle accident, is typically absent from police reports in Houston. An accident reconstruction specialist or another expert in the field can provide valuable insights into your company vehicle accident and injuries.
Their expert report clarifies the technical aspects of your company vehicle accident claim, enabling the jury to better understand and evaluate the evidence. In complex matters requiring explanation to a jury, the opinion of an average individual carries little weight compared to that of a qualified expert.
Another issue with police reports is that not all police officers in Houston possess the necessary qualifications to conduct a thorough analysis of a company vehicle accident scene. Consequently, the reliability of a police report is not beyond question. It’s a document that may inherently contain flaws, demanding careful scrutiny by our Houston company vehicle accident attorneys.
Police Report Admissibility could be Challenged
After a company vehicle accident, the legal defense team of the insurance company as well as the attorneys representing the trucking company might attempt to argue against the admissibility of the police report in court (when it is helpful to the accident victim), contending that the officer who authored the report lacks the necessary qualifications as an expert.
The opinions expressed in a police report are not treated as factual evidence but rather as the viewpoints of an officer on duty. If the police officer is called to testify in a company vehicle accident trial, they must explain to the jury how they arrived at their opinions and provide a reasoned justification. At trial, the insurance company’s lawyer has the opportunity to present their own expert to challenge the officer's statements.
Ultimately, it is the jury's responsibility to assess the expert testimony in comparison to that of the facts. Given the qualifications and experience of an expert witness, the jury is likely to find their testimony highly credible. As an personal injury victim represented by our skilled Houston company vehicle accident attorneys, you will have access top expert witnesses to help with your accident lawsuit.
After a company vehicle accident, you have no control over the police officer assigned to investigate the accident scene and draft the police report. Therefore, relying solely on the police report as the foundation of your personal injury or wrongful death claim may not be enough. What if the police officer lacks credibility, training, or experience? The police report won't reveal such deficiencies but rather preserves their opinion of what transpired.
At best, the police report should be considered a useful guide, potentially accurate but often nothing more than an official approximation. Many times, these accident reports are incomplete or factually incorrect. Your case holds immense importance, and you deserve the proven and resourceful Houston company vehicle accident attorneys at Miller Weisbrod Olesky who will thoroughly and comprehensively pursue your claim for the largest possible damages from all the liable parties.
The leader in Company 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 Company 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 Company Vehicle 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