With significant expansion of the local economy in Houston in recent years, the demand for transportation of commercial goods has increased. As a result, the number of semi trucks on the roads has grown, which poses a higher risk of accidents and injuries for the city residents.
In addition to the increased road congestion, the competition among truck companies often leads to the truckers facing pressure of meeting unrealistic delivery schedules, poor cargo loading practices, compromises on the truck safety and maintenance, and a higher rate of FMCSA violations.
At Miller Weisbrod Olesky, our Houston semi truck accident lawyers are ready to fight for you if you have suffered injuries in a semi truck crash, or someone in your family was killed in a wrongful death in this type of truck accident. We have the skills and resources to take on large insurance companies, trucking companies, and other potential defendants to negotiate a maximum settlement or take the case to trial with strong evidence and a winning legal strategy.
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.
If you are not sure if your accident involves a semi truck 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 Semi Truck Accident Success
Semi Truck Accident: Our client was hit head on by a semi 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.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
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 Semi Truck Accident, immediate investigation and concerted legal action may be necessary to protect your right to seek maximum recovery. Contact our Houston Semi Truck Accident Lawyers for a free consultation.
Semi Truck Weight Limits in Houston
Weight limits for commercial vehicles in Houston have been imposed by law on the basis of the vehicle’s axles. In addition, there is a maximum upper limit for the vehicle’s weight (including cargo) of 80,000 lbs.
According to the state Department of Motor Vehicles, the following weight limits apply to commercial trucks:
Gross weight – up to 80,000 lbs
Single Axle CMV – 20,000 lbs
Tandem Axle CMV (two sets of axles) – 34,000 lbs
Triple Axle CMV – 42,000 lbs
Quad Axle CMV – 50,000 lbs
An axle group must have a spacing of at least 40 inches between axles within that group.
Who can be Held Liable for Your Injuries in a Houston Semi Truck Accident?
The outstanding and considerate Houston semi truck accident attorneys at Miller Weisbrod Olesky will direct their maximum time and resources to identify and prove the liability of the trucking company and other potential defendants, apart from the negligent truck driver. Trucking companies have large insurance coverage, which means that recovering maximum damages is possible when we can hold them liable for your accident and injuries.
Semi Truck Accident: A semi 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.
Our attorneys will focus on identifying and proving liability of the following potential defendants in a semi truck accident in Houston:
Negligent truck driver
Trucking company that employed the driver
Truck broker (if the transportation was outsourced to a broker)
Freight company responsible for loading and securing the cargo
Truck repair and maintenance company
Government agency in Houston
Construction company if the accident occurred in a construction zone
Types of Evidence Required to Prove Liability in a Semi Truck Crash
Our dedicated semi truck accident lawyers in Houston know how important it is to move fast in a crash investigation and gather all possible evidence to establish liability of the negligent parties. The moment you sign up with us, we will act immediately to preserve and secure evidence that may be in control of the truck driver and the trucking company.
Our in-house investigation and video teams along with professional accident reconstruction specialists and other experts will dig deep to collect and piece together the following types of evidence:
Photos and videos of the wreckage from the site of crash, skid marks, property damage and other telltale signs of the accident from the site, and physical injuries of all the injured victims
Police reports filed by the Houston Police Department
Eyewitness statements
Black box data from the truck’s EDR (event data recorder)
Trucking company’s work policy documents, hiring and training records, and safety compliance records
Internal communication records of the trucking company with the truck driver, freight and shipping company, cargo loader, and broker
Driver’s logs, medical exam reports, toxicology reports
Detailed medical records related to your injuries
Trucking Industry Lobby Influences DOT to Reject Truck Side Guards Despite Safety Concerns
A recent investigation conducted by ProPublica has revealed that the US Department of Transportation (DOT) rejected the implementation of truck side guards, despite evidence highlighting their potential to save lives in accidents involving motorists, pedestrians and cyclists. The decision to disregard this crucial safety measure appears to be influenced by the powerful trucking industry lobby.
The Department of Transportation (DOT) permitted lobbyists from the trucking industry to review a confidential report proposing the implementation of a safety device aimed at preventing motorists, pedestrians and cyclists from being fatally crushed beneath semi-trucks. However, following the meeting with the lobbyists, DOT officials ultimately rejected the idea.
One lobby organization in the Greater Houston Trucking Association (GHTA) is a leading transportation advocacy organization supporting nearly 40,000 trucking companies around the Houston region. GHTA along with other trucking industry groups in Texas and the rest of the country serve as the trucking industry’s unified voice to promote their interests. It is not known whether or not GHTA was one of the group’s allowed to preview the DOT report on side guards.
Need for Truck Side Guards for Semi-Trucks in Houston
Truck side guards are devices that are attached to the sides of large trucks, preventing vulnerable road users from being pulled underneath the vehicle in the event of a collision. Studies have shown that these guards can significantly reduce the risk of serious injuries like brain injuries and spinal cord injuries and even fatalities in truck accidents.
ProPublica's investigation shed light on the tragic case of a young woman who lost her life after being hit by a truck and dragged underneath it. This incident raised questions about the effectiveness of side guards and the DOT's reluctance to mandate their installation. Following this incident, safety advocates and families of victims campaigned for the implementation of side guards as a necessary safety measure.
With that said, the DOT rejected the proposal, citing insufficient data and research to justify the cost and potential regulatory burden on the trucking industry. Critics argue that the decision reflects the influence of trucking industry lobbyists, who have long opposed mandatory side guard requirements.
Moreover, the investigation revealed that the DOT's analysis of the issue was flawed. The agency primarily relied on outdated studies, failing to consider more recent research that clearly demonstrated the efficacy of truck side guards. Truck safety experts and lawmakers have criticized the DOT for its lack of commitment to evidence-based decision-making.
The rejection of truck side guards comes as a blow to trucking safety advocates who have been pushing for stronger measures to protect vulnerable road users. The absence of side guards exposes pedestrians and cyclists to an unnecessary risk of severe injuries and fatalities in accidents involving trucks.
Calls to Reassess the DOT’s Position on Side Guards for Semi-Trucks
The investigation has sparked renewed calls for reform and greater transparency in the decision-making process within the DOT. Truck safety advocates and lawmakers are urging the agency to revisit its position on truck side guards and prioritize evidence-based approaches to enhance road safety.
The DOT's rejection of truck side guards, despite their proven potential to save lives, raises concerns about the influence of the trucking industry lobby on regulatory decisions. The absence of federal mandates for side guards leaves pedestrians and cyclists vulnerable to serious injuries and fatalities in accidents involving trucks. The investigation highlights the need for comprehensive reforms to prioritize road safety and protect all road users.
The committed and skilled Houston semi-truck accident lawyers at Miller Weisbrod Olesky will thoroughly assess all potential avenues to enhance your financial compensation and ensure that all responsible parties are held liable for your injuries and damages. Our dedicated team will provide unwavering assistance and guidance throughout your legal journey, making sure that you recover your maximum rightful compensation.
Houston Semi Truck Accident | Statute of Limitations
If the semi truck belonged to a government entity or some part of the liability may lie with the government agencies for your accident, the time limit to send a notice of claim to these parties is only six months from the date of injury.
The clock starts ticking from the moment the accident has occurred. The trucking company and their insurers will have a head start over you. While you are still recovering from the shock and devastation the accident may have caused, the defendants would have already visited the crash site, talked to their truck driver, and started working on denying or reducing your claim.
To protect your own best interests, you should reach out to our seasoned semi truck accident attorneys in Houston as soon as possible after your accident. With time on our side, we will be able to build a powerful claim with the most compelling evidence to maximize your damages from the trucking company and other liable parties.
Dangerous Hotspots for Semi Truck Accidents in Houston
As the largest city in Texas (and among the top five biggest cities in the country), Houston has a number of busy highways and major interstates running through and near the city. The following is the list of roadways with the highest incidence of semi truck crashes in Houston:
I-69
I-45 South (Gulf Freeway)
I-45 North (North Freeway)
I-610
Who can Claim Damages in a Houston Wrongful Death Semi Truck Accident?
The gross weight of a semi trailer when fully loaded can be as much as 40 tons (or 80,000 pounds). Therefore, even a seemingly minor collision between a semi-truck and a smaller vehicle can result in catastrophic or fatal injuries for the victims.
The leader in Semi Truck Accident legal education for more than 30 years
With a 30-year history heading the Semi Truck 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.
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 $26,500,000jury 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.
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.
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.
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.
