Truck accidents are a fact of life in and around Houston. Large trucks like 18-wheelers race down the freeway at all hours of the day and night. If you were injured in a crash with a commercial truck, then federal regulations could come into play. Call The Stano Law Firm to learn more. Below, our Texas truck accident lawyer identifies some of the ways regulations will impact your case.
Proving Negligence and Liability
Most truck accident cases are based on negligence, which is the failure to use reasonable care. A trucker or trucking company fails to act carefully and injures a person in a foreseeable accident. If you prove those facts, you can receive compensation.
Federal regulations can be critical to prove negligence and ultimately liability for the crash. Many regulations are designed for public safety, and if the trucker violates one of them, then that is strong proof of negligence.
Hours of Service Regulations
Fatigued driving is a type of negligence. Too many truckers drive all night, and they get into accidents due to well-known effects of fatigue such as loss of coordination or blurred vision.
The Federal Motor Carrier Safety Administration (FMCSA) has adopted hours of service regulations, which cap the number of hours a trucker can drive. Some highlights of the rules include:
- Cannot drive more than 11 hours after 10 hours off duty;
- Cannot drive past the 14th consecutive hour when coming on duty;
- Must have a half hour break after 8 cumulative hours of driving;
- May not drive more than 60 hours on seven straight days or more than 70 hours on eight straight days.
Pressed for time, some truckers will break these rules. We can argue that violations help support the claim they were fatigued and caused the accident.
Driver Qualifications
To legally drive across state lines, a trucker must have a valid commercial driver’s license and pass a physical exam. Truckers generally must be at least 21 years of age and have a clean driving history.
Unfortunately, some transportation companies are desperate for drivers. They might hire someone with a suspended CDL or an underage applicant. Any violation of these requirements could make the transportation company liable for a crash.
Inspection Requirements
Some accidents happen because the truck is not roadworthy. Parts could be worn out and in need of replacement, or some other defect renders the truck dangerous to drive.
The FMCSA requires that truckers perform pre- and post-trip inspections of the truck. If any defect is noted, the truck should be repaired before being driven.
We usually request copies of these inspection reports. For example, we might see a trucker cut corners and didn’t even inspect the truck. Or the records show a problem was noted but the trucker pulled the rig out onto the road regardless.
Drug Testing
Federal regulations also spell out when a trucking company should test its drivers for drug and alcohol use:
- Pre-employment screen
- Random testing throughout the year
- Whenever the employer has a reason to suspect a driver is intoxicated or has used drugs
- After most accidents
Drug testing could come into play in various ways. If the trucker was high or drunk, then we can use the test results to show negligence and liability for the accident. We might also use the failure to test as proof the trucking company was negligent.
Drug use is a major problem in the trucking industry, with tens of thousands of violations each year. Trucking companies should suspend a trucker who fails a test, but some companies refuse to if they need a driver out on the road.
Accessing Critical Evidence
Federal regulations also help injured victims by requiring that trucking companies keep certain evidence. For example, electronic logging devices are installed on trucks. These devices can show how long the trucker was driving, which helps establish the trucker was fatigued. We can ask the truck owner to preserve the data for our inspection. That makes winning a case easier.
Hurt in a Wreck? Call The Stano Law Firm in Texas for a Free Consultation
Commercial truck accidents can completely destroy lighter vehicles caught in the way. Injured victims need expensive care to survive the heal and land back on their feet. Contact The Stano Law Firm for assistance with an accident claim against a trucker or trucking company. We have negotiated many settlements for injured clients, including a recent $750,000 settlement for the victim of a truck accident.To speak with an attorney, contact us at 832-777-0390. Our consultations are free of charge.