San Antonio Big Rig Accidents
Big rigs are vital to San Antonio's local economy, but they are also responsible for some of the most catastrophic accidents, causing numerous injuries and fatalities each year. Unfortunately, many of these accidents could have been prevented if big rig drivers, trucking companies, cargo loaders, truck component manufacturers, maintenance companies and third-party brokers adhered to the rules and regulations set by the federal and state agencies.
At Miller Weisbrod Olesky, our experienced San Antonio big rig accident lawyers specialize in large commercial truck accident claims. We understand the challenges faced by injured victims and their families in the aftermath of a crash. With our skills and resources, we build strong evidence to support your injury claims and vigorously negotiate with the trucking company, insurance companies, and other responsible parties to ensure you receive the highest possible compensation for your 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.
Click the Number Below to Call
San Antonio Big Rig Accident Attorneys
1-888-987-0005
Important Information about Big Rigs in San Antonio
Large trucks, commonly known as big rigs, are commercial vehicles weighing over 10,000 pounds. They primarily transport cargo, both interstate and within the state. Compared to an average car, big rig engines are up to six times larger in size, weight, and horsepower. When fully loaded, a big rig can legally weigh up to 40 tons or approximately 80,000 pounds.
The standard length of a big rig ranges from 70 to 80 feet, with a height of 13 feet and 6 inches. These vehicles have a typical wheelbase of 245 to 265 inches. It takes a big rig about 40 percent longer than an average car to come to a complete stop after applying the brakes. This stopping distance can vary depending on factors such as cargo weight, road conditions, and whether the truck is bobtailing (operating without a trailer). Based on this, the average turning radius of a big rig is 55 feet.
Our San Antonio big rig accident lawyers possess comprehensive knowledge and understanding of how these vehicles operate and the unique risks they pose compared to passenger cars.
Types of Negligence Associated With Cargo Loading In Big Rigs
In certain cases, negligence related to cargo loading and securing may have played a role in the occurrence of your big rig accident and subsequent injuries in San Antonio. Our proficient team of San Antonio big rig accident attorneys will conduct a careful investigation to explore this possibility and establish liability based on one or more of the following negligent actions:
- Exceeding the gross vehicle weight rating by overloading the truck
- Loading the truck cargo in a disorderly and uneven manner
- Placing top-heavy cargo during the loading process
- Failure to secure the cargo from sliding in the trailer
- Improper stacking of cargo near the outer edge of the flatbed trailer
- Insufficient use of appropriate cargo restraints
- Negligence in securing the cargo tarp
- Utilizing aged or worn-out ropes to secure the cargo
- Using an irregular cargo net that fails to cover the entire load effectively
- Loading and transporting hazardous materials or dangerous goods without the required license
Liable Parties in Loose Cargo Big Rig Accidents in San Antonio
In addition to the big rig driver, there may be multiple parties involved in the liability for accidents caused by unsecured cargo, including the cargo loading agency, the trucking company, and the manufacturer of the security equipment.
- The big rig driver bears liability if they neglected to verify that the cargo was adequately secured after loading and before commencing their journey. They are also responsible for regular inspections during the trip.
- The cargo loading service provider can be held liable if they failed to adhere to proper loading procedures and ensure the secure fastening of the cargo.
- The trucking company may be held accountable for accident injuries if they neglected to provide proper training on cargo inspection to their employees or failed to supply the necessary equipment for safe cargo securing. The company's liability also extends to situations where they failed to maintain or replace worn-out equipment.
- The equipment manufacturers can be held liable if the cargo securing equipment was defective or faulty, leading to shifting, imbalance, or falling of the cargo.
Establishing Liability After an Unsecured Cargo Big Rig Accident in San Antonio
Following a big rig accident resulting from loose or improperly loaded cargo in San Antonio, it is vital to gather evidence to substantiate liability in a claim for damages or injuries. Potential evidence may include:
- The cargo records maintained by the commercial trucking company.
- The Driver Vehicle Inspection Report (DVIR).
- The trucking company's bills of lading (BL), which serve as legal documents issued to shippers detailing the type, quantity, and destination of the transported goods. They also act as receipts upon delivery to the predetermined destination.
- Reports of expert witnesses, such as accident reconstruction specialists and automotive engineers.
Gathering of substantial evidence along with the expertise of our skilled San Antonio big rig accident attorneys will greatly assist in proving liability and pursuing a successful claim for maximum compensation from the at-fault parties for your injuries and losses.
Causes of Big Rig Crashes in San Antonio
Over the past two decades, big rig accidents in San Antonio and other parts of Texas have increased by more than 50%. Given Texas' status as an oil-producing state, many big rigs transport oil (which is a highly inflammable cargo) across the country.
One significant reason for the rise in big rig accidents is the working conditions created by trucking companies, which encourage drivers to operate for extended hours under high levels of stress to meet delivery deadlines. This can result in drowsy, fatigued, aggressive or distracted driving, as well as other risks such as drunk driving or speeding.
While trucking companies have implemented advanced computer systems in their fleets to enhance operational efficiency, cargo tracking, and driver communication, these systems can also distract drivers. Inattention caused by these systems may lead to overlooking blind spots or dangerously close encounters with other vehicles, increasing the risk of accidents.
Negligent maintenance of big rigs, improper hiring practices, and violations of the FMCSA’s Hours of Service (HOS) regulations are other factors contributing to big rig crashes. Our dedicated San Antonio big rig accident attorneys at Miller Weisbrod Olesky thoroughly investigate and establish the fault of the trucking company and other potentially liable parties, ensuring they are held accountable for the damages you suffered.
Types of Big Rig Accidents in San Antonio
An accident with a big rig can result in severe injuries, such as traumatic brain injury (TBI), spinal cord injury, internal organ injuries, amputations, paralysis, nerve damage, broken bones, or even wrongful death. The following types of big rig accidents in San Antonio that can potentially lead to such catastrophic injuries:
Truck Rollovers
Due to their high center of gravity, big rigs can flip over if the driver makes a sudden swerve, takes a sharp turn, drives beyond the prescribed speed limit, drives with overloaded or loose cargo, or experiences a tire blowout. These rollovers can cause devastating accidents.
Rear-End Collisions
Big rigs require a longer stopping distance after braking. If a big rig driver speeds, tailgates, or becomes distracted, they can collide with the vehicle in front. Given the massive size of big rigs, rear-end collisions involving these vehicles in San Antonio often result in severe damage and injuries.
Head-On Collisions
Reckless, drunk, fatigued, distracted, or drowsy big rig drivers can lose control of their vehicles, veer into oncoming traffic, and collide head-on with other motorists. Catastrophic head-on collisions can also occur due to the big rig driver’s failure to yield at intersections or red lights or a tire blowout.
Jackknife Accidents
When a tractor-trailer combination with articulated joints makes improper or dangerous braking maneuvers or turns, the trailer can swing violently. This unpredictable skidding can cause nearby vehicles to be hit and dragged along as the truck continues to push ahead uncontrollably.
T-Bone Accidents
Side-impact or T-bone accidents involving big rigs are common at intersections in San Antonio. Big rigs carrying heavy loads may ignore stop signs, run red lights, or violate right-of-way rules, resulting in collisions with the sides of other vehicles.
Sideswipe Accidents
Sideswipes occur when a big rig driver fails to check blind spots before merging or changing lanes. Defective roads, tire blowouts, and drowsy driving can also cause a commercial truck to drift into nearby vehicles. A sideswiped car may be forced sideways, leading to multi-car pileups and extensive damage.
Wide Turn Accidents
Big rig operators must exercise caution while making right-hand turns, as they are often tighter than left-hand turns. Improperly executed wide turns, which go against the FMCSA and state rules, can lead to catastrophic accidents.
At Miller Weisbrod Olesky, our top-rated big rig accident lawyers in San Antonio have extensive experience handling all types of big rig accident claims. When necessary, we collaborate with accident reconstructionists, engineers, forensics specialists, and medical professionals to prove how your accident resulted from the negligence of the other party. We have a proven record of securing substantial settlements and verdicts in personal injury and wrongful death cases involving big rigs in San Antonio.
Statute of Limitations for Big Rig Accident Claims in San Antonio
According to the Texas Civil Practice & Remedies Code Section 16.003, you have two years from the date of your accident and injury or two years from the date of wrongful death of a loved one to file your claim. Time is of essence in these cases because evidence may disappear, get diluted, distorted, or tampered with if you too much time passes.
The goal of our San Antonio big rig accident lawyers at Miller Weisbrod Olesky is to seize the advantage over the defendants and build rock-solid evidence to get you the financial compensation you rightful deserve for your injuries and losses. Call us for a free, no-obligations consultation. We work on a contingency fee basis, which means you don’t pay anything unless we obtain for you the compensation you deserve.
Click the Number Below to Call
San Antonio Big Rig Accident Attorneys
1-888-987-0005
Protect Your Right to Financial Compensation
Our San Antonio Big Rig 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 San Antonio Big Rig Accident Attorneys for a free consultation.
Meet The Leader In Truck Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
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.
Miller Weisbrod Olesky San Antonio Semi Truck Accident Attorneys
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.
Click Here: for complete verdict information
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