18 Wheeler Accident Attorneys in Texas
18-wheeler trucks play a vital role in the economy of Texas, transporting heavy cargo loads both within the state and across the country. Some trucking companies in Texas push the boundaries of road safety, jeopardizing the lives of others, all in the pursuit of maximizing shipment volumes, reducing operational costs, increasing profitability, and surpassing their competitors in the industry.
This company pressure can lead to overworked and fatigued truck drivers which is a recipe for disaster when driving an 80,000 lb. tractor-trailer. When these large 18-Wheelers strike normal passenger vehicles or even larger pick up trucks, the results are usually devastating.
Texas 18 Wheeler Accident Lawyers
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.
If you or a loved one has suffered injuries or the tragic loss of life in an 18-wheeler accident in Texas, you may have a claim for damages against the responsible driver, the trucking company, and other potentially liable parties. At Miller Weisbrod Olesky, our committed team of Texas 18-wheeler accident lawyers will quickly move to build your case and make sure the trucking company and its insurance company are held fully responsible for your losses even if it means taking your case to court to win a jury verdict.
Distracted Commercial Truck Driver
$6,000,000.00 recovered for the family of a driver killed by a distracted truck driver using an on-board computer.
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
Texas Leads the Nation in Deadly 18-Wheeler Accidents
Texas holds the unfortunate title of having the highest number of fatal truck accidents nationwide. The state is responsible for more than 13% of all fatal trucking accidents in the United States.
In 2020 alone, there were 513 fatal commercial vehicle accidents recorded in Texas, resulting in the tragic loss of 581 lives. The total number of company vehicle accidents in the state during that year was a staggering 32,562.
It is noteworthy that 97% of all deaths in trucking accidents in Texas are occupants of passenger vehicles. These statistics paint a dire picture and highlight the urgent need for enhanced safety measures in Texas, benefiting both 18-wheeler drivers and other motorists.
Approximately half of all commercial truck crashes in Texas occur on major highways, while interstates and freeways contribute to roughly one-third of these accidents. Minor highways, on the other hand, account for about 15% of fatal 18-wheeler accidents.
Our Legal Team will Move Fast to Protect Your Rights
The trucking company and insurance agents will employ a "first-mover advantage" strategy, swiftly arriving at the accident scene to construct a defense aimed at denying or minimizing your claim. It’s crucial, therefore, that you reach out to our Texas 18-wheeler accident lawyers as soon as you can.
Once you engage us, our dedicated team comprising photo and video experts, investigators, accident reconstruction specialists, and attorneys will immediately move to secure all available evidence. Depending on the location of your 18-wheeler crash, we can be on-site within minutes or hours.
We will meticulously examine the crash site, capturing photographs, videos, and gathering other crucial physical and forensic evidence. We will gather eyewitness statements, extract data from the truck's event data recorder (EDR), and secure the driver's logs and the trucking company's employment records.
Our Texas 18-wheeler accident attorneys and our team will help ensure you receive the most comprehensive medical treatment, physical therapy, and rehabilitation. We will diligently prepare all the necessary medical evidence to establish the full extent of your injuries, pain and suffering, mental anguish, and other damages.
By acting swiftly and efficiently, our team aims to counter the tactics employed by the trucking company and insurance adjusters, safeguarding your rights, and building a strong case to support your claim. More importantly, while we work, you can focus on your and your family’s recovery from the tragic consequences of the truck wreck while resting assured your legal team is fighting for your future.
Negligent Practices of Texas Trucking Companies
Drawing on over 30 years of representing victims of serious trucking accidents, the team of Texas 18-wheeler accident lawyers at Miller Weisbrod Olesky has identified a range of factors contributing to the alarming frequency of 18-wheeler crashes in prominent Texas cities like Dallas, Houston, Fort Worth, Austin, and San Antonio.
- Dallas: In response to the high demand for oil and various goods, trucking companies in Dallas frequently resort to hiring inexperienced or incompetent drivers without providing adequate training and supervision. This negligent hiring of truck drivers often leads to severe 18-wheeler accidents.
- Houston: The relentless pursuit of profit maximization by large trucking companies in Houston prompts them to take shortcuts in crucial areas such as hiring, training, supervision, installation of in-vehicle safety systems, and other safety practices.
- Fort Worth: Driver fatigue and distracted driving significantly contribute to 18-wheeler crashes in Fort Worth, as truck drivers are often overworked due to undue pressure from their employers. Proper sleep practices are not taught by even the largest trucking companies despite this being a well-documented and known problem in the industry.
- Austin: The proper maintenance and inspection of 18-wheelers in Austin is crucial due to their substantial requirements. Nevertheless, many tractor-trailers and commercial vehicles are frequently found operating on public roads without undergoing necessary inspections or maintenance work, posing a serious safety hazard.
- San Antonio: Overloading is a prevalent issue with 18-wheelers in San Antonio, with these trucks often carrying excessive weight beyond their intended capacity or improperly loaded prior to dispatch. This reckless practice substantially increases the risk of rollover crashes.
At Miller Weisbrod Olesky, we are committed to holding negligent trucking companies and truck drivers accountable for their actions. Our experienced team of Texas 18-wheeler accident lawyers is dedicated to pursuing justice and seeking rightful compensation for victims affected by these negligent practices. We have a long history of million dollar results in all kinds of commercial vehicle accidents all across the State of Texas.
High Rate of 18-wheeler Accidents in Oilfield Regions of Texas
The major oil and gas production regions in Texas have experienced a notable surge in 18-wheeler crashes. These regions, including Barnett Shale, Eagle Ford Shale, Granite Wash, Haynesville/Bossier Shale, and Permian Basin, were responsible for nearly half of all traffic fatalities in the state in 2018. In 2019 alone, there were 198,645 vehicle crashes reported across these energy-rich areas.
If you or your loved one have suffered injuries or endured the tragic loss of a family member in a fatal truck accident, the highly regarded Texas 18-wheeler accident lawyers at Miller Weisbrod Olesky are ready to provide you with the legal representation required to prove your claim. We are prepared to take on large trucking and insurance companies, advocating aggressively on your behalf to secure the maximum compensation you deserve.
Our client was hit head-on by a Water Transport Truck working in the Barnett Shale region of Texas. 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.
Things to Know about 18-Wheelers in Texas
In order to provide you with the best legal representation, our Texas 18-wheeler accident attorneys remain up-to-date on the mechanical and technical aspects of these commercial motor vehicles and the federal motor carrier safety regulations that govern their use and maintenance.
- Weight: According to the law, the weight of a loaded 18-wheeler on Texas roads must not exceed 40 tons or approximately 80,000 lbs. This weight is over 20 times that of an average automobile, significantly increasing the risk of catastrophic injuries or wrongful death.
- Length: A typical 18-wheeler in Texas can have a trailer length ranging from 53 to 59 ft. Due to its considerable length and weight, an 18-wheeler requires ample space to maneuver and a sufficient distance of at least 500 ft. to come to a complete stop when traveling at highway speeds.
- Height: With a standard height of nearly 14 ft, 18-wheelers have a higher center of gravity compared to cars. If a trucker is speeding, distracted, or fatigued, they may encounter difficulties while attempting sharp turns or abruptly changing directions, potentially resulting in catastrophic rollover accidents.
- Axles and Gears: An 18-wheeler typically features five axles and 10 or more gears. If a trucker is not adequately trained to switch gears promptly, transitioning from higher to lower gears when necessary to slow down, they may collide with the rear of a car or another smaller vehicle, leading to severe injuries.
By staying knowledgeable about these mechanical and technical aspects, our Texas 18-wheeler accident attorneys are equipped to handle the intricacies of your case and ensure that your legal representation is comprehensive and effective.
Types of Injuries in 18-Wheeler Accidents in Texas
At Miller Weisbrod Olesky, our Texas 18-wheeler accident lawyers deeply understand the profound impact experienced by injured victims and their families in the aftermath of a collision with a large commercial truck.
- Traumatic Brain Injury (TBI): Collisions involving 18-wheelers often lead to life-altering traumatic brain injuries, causing significant pain and suffering, permanent disability, or even resulting in the victim's death.
- Spinal Cord Injury (SCI): The immense impact of an 18-wheeler crash can cause severe damage to the nerves, muscles, or bones of the spinal cord, resulting in full or partial paralysis in different parts of the body.
- Internal Organ Injury: The forceful trauma from an 18-wheeler collision can inflict serious harm on vital internal organs such as the lungs, kidneys, liver, pancreas, spleen, or bladder.
- Amputation Injuries: The crushing force of an 18-wheeler accident can lead to the traumatic severing of upper or lower limbs or extremities. In certain cases, surgical amputation may be necessary at a later stage.
- Burn Injuries: Burn injuries are alarmingly common in 18-wheeler crashes in Texas, particularly when the truck is transporting oil, chemicals, flammable materials, or other hazardous cargo.
- Other Injuries: Your accident with an 18-wheeler can result in a range of other serious injuries, including broken bones, fractures, neck and back injuries, rib and torso injuries, cuts and lacerations, as well as disfigurement injuries.
We recognize the physical, emotional, and financial hardships that accompany these types of injuries, and our dedicated team is here to provide compassionate and skilled legal representation to help you seek the compensation you deserve.
Who can be Held Liable for Your Texas 18-Wheeler Accident?
Our dedicated Texas 18-wheeler accident lawyers will conduct a comprehensive investigation to ascertain the involvement of the following parties, who may have individually or jointly contributed to your injuries and losses:
- 18-Wheeler Driver: The trucker's negligent driving, such as speeding, aggressive or dangerous behavior on the road, disregard for traffic rules, violation of Hours of Service (HOS) regulations, or driving under the influence.
- Trucking Company: Factors such as pressuring the driver to meet unreasonable deadlines, negligent hiring practices, inadequate fleet maintenance, failure to address HOS violations, and violations of federal or state laws.
- Cargo Loader: Issues like overloading the cargo, improperly securing or loading the cargo, transporting hazardous materials without proper permissions, or negligence on the part of the cargo loading contractor.
- Third-Party Vendor: Negligence in driver recruitment, training, 18-wheeler inspections, maintenance, and repairs when these services are outsourced to a third-party vendor.
- Truck Manufacturer: Defects in tires, braking systems, steering systems, trailers, or other truck parts resulting from manufacturing or design faults, which may lead to tire blowouts, braking failures, or other malfunctions.
- Maintenance Company: Improper or faulty inspection, repair, or maintenance of the 18-wheeler by mechanics or workshops, potentially resulting in malfunctions and accidents.
- Truck Brokers: Third-party logistics providers who may hire incompetent carriers to save costs, knowingly endangering safety and contributing to accidents.
- Road Construction Company: Failure of a construction company or contractor to maintain a safe work zone during road construction, posing risks and hazards that could lead to severe 18-wheeler accidents.
- Government Agencies: Road defects, debris on the road, inadequate lighting, failure to maintain roads, defective signals, lack of road signs, and other road hazards caused by government agencies that may contribute to accidents.
Our experienced Texas 18-wheeler accident lawyers at Miller Weisbrod Olesky are committed to identifying all the liable parties involved and tirelessly pursuing the maximum financial compensation on your behalf from each responsible entity.
Types of Evidence We Will Collect to Prove Liability of the Defendants
The moment you sign up with us, our dedicated Texas 18-wheeler accident lawyers, accompanied by our team of investigators, will swiftly initiate the process of gathering crucial evidence, including:
- Physical and forensic evidence from the crash site, encompassing photographs, videos, and examination of damaged vehicles, skid marks, and the surrounding area.
- Data extracted from the truck's event data recorder (EDR), providing insights into the events leading up to the accident.
- Dashcam footage from the truck, potentially revealing the negligent actions of the truck driver prior to the crash.
- Contact information and testimonies from potential eyewitnesses and first responders, offering vital details pertaining to the accident.
- The truck driver's hours of service (HOS) logs.
- Dispatch logs from the trucking company.
- Freight or cargo manifests.
- Vehicle inspection reports completed by the truck driver.
- Information regarding the truck driver's medical fitness, past driving behavior, disciplinary actions, criminal record, and reports of drug and alcohol tests.
- Testimonies from the negligent truck driver and other employees of the trucking company, shedding light on work pressure, unreasonable delivery deadlines, and unfair employment policies that may have contributed to the accident.
Hours of Service (HOS) Regulations for 18-Wheelers in Texas
In accordance with the Hours of Service regulations implemented by the Federal Motor Carrier Safety Administration (FMCSA), commercial vehicle drivers and carriers are obliged to adhere to the following guidelines:
- Maximum driving time of 11 hours after a consecutive off-duty period of at least 10 hours.
- Restriction on driving beyond the 14th hour (including off-duty time).
- Mandatory break of 30 minutes or more after 8 consecutive hours of driving.
- Allowance of up to 60 hours of driving within a 7-day workweek, or up to 70 hours within an 8-day workweek.
- Compulsory off-duty period of 34 hours following the completion of a workweek.
- The off-duty 10-hour period can be divided as follows: (a) one portion consisting of 2 hours or more (in or out of the sleeper berth), and (b) the remaining portion comprising 7 consecutive hours or more in the sleeper berth.
- In adverse driving conditions, the driving time limit of 11 hours and the 14-hour driving window can be extended by up to 2 hours.
In 18-wheeler accident cases, it is crucial to investigate the trucking company's involvement in any violations of the Hours of Service regulations committed by the truck driver. At Miller Weisbrod Olesky, our experienced Texas 18-wheeler accident lawyers are dedicated to holding negligent trucking companies and other responsible third parties accountable, maximizing financial compensation for injured victims.
Minimum Liability Insurance Requirements for 18-wheelers in Texas
Trucking companies operating in Texas are obligated by law to carry minimum liability insurance coverage to safeguard the interests of injured victims, as outlined below:
- Commercial trucks weighing below 10,001 pounds and transporting non-hazardous cargo: Minimum insurance coverage of $300,000.
- Commercial trucks weighing at least 10,001 pounds and transporting non-hazardous cargo: Minimum insurance coverage of $750,000.
- Commercial trucks transporting oil: Minimum insurance coverage of $1 million.
- Commercial trucks transporting hazardous cargo: Minimum insurance coverage of $5 million.
In the unfortunate event that you sustain injuries or experience the loss of a loved one in an 18-wheeler accident involving a government-owned vehicle in Texas, the maximum recoverable damages are capped at $250,000 per injured individual and $500,000 per truck collision involving injuries and/or fatalities. Our Texas 18-wheeler accident attorneys will diligently pursue the highest possible financial compensation from all defendants, assisting you and your family in moving forward with your lives.
Statute of Limitations for Filing 18-Wheeler Claims in Texas
According to the Texas Civil Practice and Remedies Code Section 16.003, you have a two-year timeframe from the date of the accident and injury to file a personal injury claim in the state. The same time limit applies in cases of wrongful death.
By reaching out to our Texas 18-wheeler accident lawyers promptly after the accident, we can immediately take action to secure and preserve the strongest possible evidence. Armed with proof of negligence, we can hold all responsible parties accountable for maximum damages and work towards achieving the best possible financial outcomes for you and your family.
The leader in 18 Wheeler 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 18 Wheeler 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 Texas 18 Wheeler 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