San Antonio Semi Truck Accidents
Semi-truck accidents cause numerous injuries and fatalities annually in San Antonio. Recent reports from the American Trucking Association indicate that the trucking industry is thriving in cities like San Antonio, with thousands of semi-trucks vying for a share of the profits.
Unfortunately, this intense competition and the substantial sums of money involved often lead trucking companies to compromise on hiring and training of drivers and ignoring safety practices in order to overcome staffing shortages and meet the growing delivery demands. Consequently, it's no surprise that semi-truck crashes are a common occurrence in San Antonio.
Click the Number Below to Call
San Antonio Semi Truck Accident Attorneys
1-888-987-0005
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.
At Miller Weisbrod Olesky, our experienced San Antonio semi-truck accident lawyers are well aware of the business tactics employed by trucking companies, brokers, freight handlers, and cargo loaders that may contribute to accidents and injuries. Equipped with strong legal skills and resources, we are prepared to take on large carriers and insurance companies to help you obtain the maximum compensation you deserve.
Different Forms of Negligence in San Antonio Semi-Truck Accidents
Several types of negligence on the part of truckers, semi-truck companies, and third parties may have resulted in your injuries or the wrongful death of a family member in San Antonio. These include:
Negligent Actions of Overworked Drivers
Semi-truck drivers in San Antonio may engage in various dangerous driving behaviors, including:
- Drowsy driving
- Fatigued driving
- Distracted driving
- Aggressive driving
- Driving while intoxicated
- Speeding
Given the immense weight of loaded semi-trucks, such negligent driving can lead to serious accidents. When drivers are underpaid, overworked, or pressured by their employers to serve unrealistic business demands, the likelihood of these deadly behaviors increases.
Hours of Service (HOS) Violations
The Federal Motor Carrier Safety Administration (FMCSA) has established specific Hours of Service limits for semi-trucks and other commercial motor vehicles in San Antonio, which include:
- Semi-truck operators may drive for a maximum of 11 hours after staying off-duty for at least 10 consecutive hours.
- They must not drive beyond the 14th hour in a single stretch (this includes hours spent off-duty).
- They must not exceed 60 hours on duty in a 7-day workweek or 70 hours in an 8-day workweek.
- The next workweek can only begin after the driver has been off-duty for at least 34 consecutive hours.
- Semi-truck drivers are required to take an uninterrupted break of 30 minutes or more after driving for eight cumulative hours.
Truck drivers in San Antonio may sometimes surpass these FMCSA imposed Hours of Service rules due to pressure to meet tough delivery deadlines, while the trucking company turns a blind eye. Our leading San Antonio semi-truck accident lawyers at Miller Weisbrod Olesky will prove these violations to hold the defendants accountable for your injuries and losses.
Other Types of Negligent Actions of the Trucking Company and Third Parties
In addition to the negligence of trucking companies, semi-truck accidents and injuries in San Antonio may also be caused by the negligence of certain third parties, such as:
- Failure of the trucking company to conduct proper background checks when hiring a semi-truck driver.
- Inadequate safety training provided by the trucking company to semi-truck operators.
- Communication issues between the driver and the employer or the use of distracting trucking technology while driving.
- Negligence by cargo loading companies, such as unsecured cargo or overloading.
- Negligence by semi-truck component or tire manufacturers, providing defective parts or tires.
- Failure of the semi-truck repair and maintenance provider to properly inspect, repair, or maintain the truck.
- Negligence by brokers responsible for cargo delivery, hiring the wrong trucking company.
- Negligence by construction companies resulting in semi-truck accidents in construction zones in San Antonio.
- Negligence by government agencies responsible for road design and maintenance, resulting in accidents.
Minimum Liability Insurance for Semi-Trucks in San Antonio
At Miller Weisbrod Olesky, our San Antonio semi-truck accident lawyers understand that trucking companies will carry significant liability insurance for financial protection. Therefore, we do what it takes to investigate your case, collect strong evidence, and establish the trucking company's liability, ensuring that you receive your rightful damages.
The minimum insurance coverage requirements for semi-trucks in San Antonio are as follows:
- Minimum $750,000 Insurance: Applies to commercial vehicles weighing 10,001 pounds or more that do not transport hazardous materials.
- Minimum $1,000,000 Insurance: Applies to commercial vehicles weighing 10,001 pounds or more that transport oil, hazardous waste, or other dangerous goods.
- Minimum $5,000,000 Insurance: Applies to commercial vehicles weighing 10,001 pounds or more that transport hazardous materials.
If the semi-truck operator in San Antonio is an employee of the trucking company, they are typically covered by their employer's insurance. Moreover, if the truck driver is an independent contractor, they are required to obtain their own liability insurance coverage. Sometimes the trucking company may have a self-insured retention policy, necessitating negotiation with their legal department for a portion of the settlement.
The Significance of Semi-Truck's Event Data Recorder (EDR)
In the event of a semi-truck accident, we urge you to reach out to our San Antonio semi-truck accident attorneys as soon as you can so that we can preserve and download critical data from the truck's black box, which is technically known as the event data recorder (EDR).
A key component of the black box is the Engine Control Module (ECM), which can provide valuable information, including the semi-truck's hours of operation, GPS location, braking intensity leading up to the accident, speed, use of cruise control, and communication between the semi-truck operator and the trucking company’s back-office.
Our in-house video team, along with accident reconstruction experts, will gather all available evidence from the scene of accident, involved vehicles, driver's logbook, employer records, and eyewitness testimonies to prove liability. Our extensive evidence gathering and trial preparation and our impressive track record in successfully handling semi-truck accidents often persuade even the most formidable defendants to agree to a satisfactory settlement.
What Causes Side Underride Collisions In San Antonio?
A few moments on the road are as unnerving as when a semi-truck abruptly merges into your lane, seemingly oblivious to your presence, or makes a turn in front of you without acknowledging your vehicle's existence. In that split second, it becomes evident that the semi-truck driver has failed to notice your presence, and stopping is out of the question.
Although a few car drivers manage to react swiftly by slowing down or changing lanes, others are not as fortunate and face a potentially fatal truck wreck. Side underride truck wreck collisions in San Antonio take place when a smaller vehicle collides with the side of a large semi-truck, leading to the car sliding underneath the truck due to the force of the impact. These types of truck accidents are particularly hazardous as the top of the car can be sheared off, jeopardizing the lives of its occupants.
Sometimes occurring at night when semi-trucks attempt to cross or turn onto roads or highways in San Antonio, these accidents can also unfold when a truck unexpectedly changes lanes, trapping a car beneath its body. Notably, side underride accidents, even at low speeds, have the potential to claim lives or cause catastrophic injuries such as traumatic brain injury or spinal cord injury.
You Need a San Antonio Semi-Truck Accident Lawyer with Expertise in Side Underride Injury Claims
According to the Insurance Institute for Highway Safety, several hundred individuals lose their lives each year when their cars become lodged beneath tractor-trailers in side truck accident collisions. This is an unacceptable reality, especially considering that many of these truck accidents could be averted if semi-trucks were equipped with side guards—protective panels affixed to the lower section of a truck's trailer. These guards would effectively prevent cars from sliding beneath the truck, thereby safeguarding the driver and passengers when a truck crash occurs.
In the aftermath of a semi-truck accident in San Antonio, it is vital not to delay contacting a lawyer with expertise in side impact underride collisions. Trucking companies, together with their insurance providers and defense lawyers, will swiftly begin their own evidence collection and look for ways to avoid their liability.
If you have sustained injuries in a side underride truck accident, you require a tenacious and knowledgeable San Antonio semi-truck accident lawyer from Miller Weisbrod Olesky specializing in side underride accident cases who can advocate for your rights and get you the compensation you are entitled to.
Our dedicated semi-truck injury lawyers will work with automotive engineers, accident reconstructionists and professional side guard design experts and safety advocates to present compelling evidence of responsibility of the negligent parties. We will tirelessly champion your cause until you obtain the rightful personal injury or wrongful death damages you deserve for your current and future medical expenses, lost income, and the immense pain and suffering endured or the loss of a loved one.
Statute of Limitations for Truck Wreck 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 semi truck 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 Semi Truck Accident Attorneys
1-888-987-0005
Protect Your Right to Financial Compensation
Our San Antonio Semi Truck 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 Semi Truck 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