Large commercial trucks are critical links in the nation’s supply chain, including those bringing goods and services into and out of Texas. As much as we depend on commercial trucks in Texas and elsewhere, these immense vehicles pose a significant threat to smaller vehicles on the road.
In an accident with a truck weighing as much as 80,000 pounds, the minimal protection of an average of 4,000-pound vehicle leaves motorists vulnerable to severe injuries.
Because trucks cross state and national borders, federal regulations apply to commercial trucking through the Federal Motor Carrier Safety Administration (FMCSA). Fortunately, many of these regulations minimize the risk of truck accidents in Texas and elsewhere, as long as drivers, trucking companies, and freight loaders carefully follow the laws. Call our Baytown truck accident lawyers for a free consultation today.
Driver Qualifications and Driving Hour Limits
Trucking companies must hire only qualified drivers with commercial driver’s licenses, clean driving records, and negative drug testing. Drivers must also meet additional standards, such as the ability to speak English, read traffic signs, and be at least 21 years old.
The FMCSA imposes strict regulations on hours of service, limiting the number of driving hours per shift, working days per week, and driving hours between breaks. This helps avoid driver fatigue and drowsy driving, which are common contributors to deadly truck accidents in Texas and elsewhere.
Federal trucking regulations also require drivers to log their hours and compel trucking companies to monitor hours, enforce driving limits, perform initial and random drug testing, and monitor their drivers’ traffic violation records.
Truck and Trailer Maintenance and Record-Keeping
FMCSA imposes strict regulations for routine truck and trailer inspections and regular maintenance and repairs. This helps prevent dangerous mechanical problems, tire blowouts, and deadly brake or steering failures. Under the regulations, truck drivers and trucking companies must keep meticulous records of all safety inspections, repairs, and routine maintenance performed on their trucks and trailers.
Securing Well-Balanced Loads
Sudden load shifts or rolling cargo cause dangerous alterations in balance and disrupt the stability of the moving truck. Federal regulations provide detailed guidelines for freight loading, securing loads, and the types of securing devices appropriate for different cargo types. Preventing unbalanced or improperly secured loads is critical for truck safety and the safety of motorists sharing the road with commercial trucks.
Prohibiting Employee Coercion
The FMCSA prohibits trucking company employees from using coercion by threatening adverse job consequences, retaliatory measures, or punitive actions against a driver to make them disregard safety rules such as limiting their driving hours or accurately logging their hours.
Under these rules, a driver has the final say in whether they are too tired or ill to drive. Drivers who feel they’ve been coerced into violating safety regulations or into driving while sick or fatigued may file complaints with the FMCSA.
Violating FMCSA Regulations and Liability
After a truck accident in Texas, proving that a violation of FMCSA trucking regulations caused or contributed to an accident is powerful evidence of liability on the part of the driver or the trucking company. Proving liability requires showing that the at-fault party owed a duty of care to the injury victim and others on the road to take all reasonable measures to prevent injuries—including adhering to all federal regulations.
They are liable for an injury victim’s damages if they breached their duty of care, the breach of duty caused the accident, and the accident victim suffered injuries with damages like medical expenses, lost wages, and pain and suffering. If you need help on your truck accident case, contact our personal injury lawyers at Linebaugh, Dority & Allen, LLP for assistance.