Federal trucking regulations are designed to reduce preventable commercial vehicle crashes. When a trucking company or commercial driver ignores those requirements, the violation may become important evidence in determining why a serious truck accident occurred and who may be legally responsible.
The Federal Motor Carrier Safety Administration (FMCSA) regulates many aspects of interstate commercial trucking, including driver hours, drug and alcohol testing, driver qualifications, vehicle maintenance, cargo securement, and other safety requirements.
However, an FMCSA violation does not automatically mean that a trucking company is liable for every accident involving one of its vehicles. The evidence must still establish what rule applied, whether it was violated, whether the violation contributed to the crash, and what damages resulted. The Texas truck accident lawyers at Francis Injury investigate these issues in serious commercial vehicle cases throughout Dallas–Fort Worth and across Texas.
Key Takeaways About FMCSA Violations
- FMCSA regulations cover far more than driving. They can govern hours of service, driver qualifications, drug and alcohol testing, maintenance, inspections, cargo securement, recordkeeping, and other commercial trucking operations.
- A violation can become evidence in a truck accident claim. Attorneys still must determine whether the violation was connected to the cause of the collision.
- Trucking evidence can be time-sensitive. Electronic logs, camera footage, vehicle data, dispatch records, and other evidence may not remain available indefinitely.
- FMCSA can take enforcement action against carriers. Depending on the circumstances, violations may result in investigations, notices of violation, civil penalties, or out-of-service orders.
- More than one party may be responsible for a crash. A driver, motor carrier, maintenance contractor, cargo loader, equipment owner, manufacturer, or another party may potentially share responsibility.
- Punitive or exemplary damages are not automatic. Texas imposes additional requirements for exemplary damages, including a clear-and-convincing evidence standard in qualifying cases.
What Is the FMCSA and What Does It Regulate?
The Federal Motor Carrier Safety Administration is an agency within the U.S. Department of Transportation responsible for regulating and overseeing commercial motor vehicle safety. The Federal Motor Carrier Safety Regulations are primarily contained in Parts 300 through 399 of Title 49 of the Code of Federal Regulations.
FMCSA’s official regulations and interpretations database provides access to rules involving commercial driver’s licenses, driver qualifications, controlled substances and alcohol testing, hours of service, vehicle equipment, inspection and maintenance, hazardous materials, and other areas of commercial transportation safety.
Whether a particular federal regulation applies to a truck, driver, or company depends on the type of operation, vehicle, cargo, and other circumstances. That is why a truck accident investigation should focus on the rules actually applicable to the carrier involved rather than simply assuming every FMCSA regulation applies to every commercial vehicle.
What Are the Most Important FMCSA Rules in Truck Accident Cases?
Different regulations become important depending on what caused the collision. Several categories frequently arise when attorneys investigate serious commercial truck crashes.
Hours-of-Service Rules and Driver Fatigue
Fatigue can affect reaction time, attention, judgment, and a driver’s ability to respond to rapidly changing traffic conditions. FMCSA therefore limits how long many commercial drivers may drive and remain on duty.
Under the current FMCSA hours-of-service rules, property-carrying drivers generally may drive a maximum of 11 hours after 10 consecutive hours off duty and may not drive beyond the 14th consecutive hour after coming on duty. Additional rules address required breaks, weekly on-duty limits, sleeper-berth periods, short-haul operations, and certain exceptions.
Potential evidence of an hours-of-service violation may include:
- Electronic Logging Device (ELD) records
- Dispatch communications
- GPS and telematics information
- Fuel receipts
- Toll and weigh-station records
- Bills of lading and delivery records
- Driver communications
- Hotel or rest records when relevant
Attorneys may compare these records against each other rather than relying exclusively on a single electronic log.
Electronic Logging Device Recordkeeping
ELD information can be particularly important when driver fatigue or excessive driving time is suspected. According to FMCSA’s ELD record-retention guidance, a motor carrier generally must retain a driver’s records of duty status and supporting documents for six months.
That six-month retention requirement is one reason truck accident evidence should be investigated promptly. Other forms of electronic information may have completely different retention periods or may be overwritten during ordinary business operations.
Drug and Alcohol Testing Requirements
FMCSA regulations establish controlled-substance and alcohol testing requirements for drivers performing certain safety-sensitive commercial driving functions. Depending on the circumstances, testing requirements can involve pre-employment, random, reasonable-suspicion, post-accident, return-to-duty, and follow-up testing.
FMCSA provides an official overview of commercial driver drug and alcohol testing rules.
If impairment is suspected after an accident, attorneys may investigate whether required testing occurred, what the results showed, and whether the carrier complied with its regulatory responsibilities.
Driver Qualifications and Medical Certification
Motor carriers have obligations concerning the drivers they allow to operate commercial vehicles. Depending on the vehicle and operation, relevant issues may include a valid commercial driver’s license, driving history, training, experience, medical qualification, prior violations, and other driver-qualification requirements.
FMCSA requires qualifying commercial drivers to undergo a DOT physical examination performed by a medical examiner listed on the agency’s National Registry. More information is available through FMCSA’s commercial driver medical certification guidance.
A driver’s qualification file may become important when an accident raises questions about whether a trucking company knowingly placed an unqualified or unsafe driver behind the wheel.
Truck Inspection, Repair, and Maintenance
Commercial vehicles must be properly inspected and maintained. Federal motor carrier regulations address inspection, repair, and maintenance under Part 396 and related equipment requirements under Part 393.
A maintenance-related truck accident investigation may examine:
- Brake inspection and repair records
- Tire condition and replacement history
- Steering and suspension components
- Lighting systems
- Annual inspections
- Roadside inspection reports
- Driver-reported defects
- Repair invoices and work orders
- Prior mechanical problems involving the vehicle
If brakes, tires, steering, lighting, or another mechanical system contributed to a collision, these records can help determine whether the problem developed suddenly or reflected a longer history of inadequate maintenance.
Cargo Loading and Securement
Improperly loaded or unsecured cargo can shift a truck’s center of gravity, fall into traffic, affect braking and handling, or contribute to rollovers and loss-of-control accidents.
The FMCSA cargo securement rules establish requirements intended to prevent cargo from shifting on or within a commercial vehicle or falling from the vehicle during transportation.
Evidence may include bills of lading, loading photographs, scale tickets, shipping records, securement equipment, trailer inspections, and testimony from the people or companies responsible for loading the vehicle.
For more information about the conduct that can lead to serious commercial vehicle collisions, see Common Causes of Truck Accidents.
What Happens When a Trucking Company Violates FMCSA Regulations?
The consequences of an FMCSA violation depend on the regulation involved, the seriousness and frequency of the conduct, and whether the violation was discovered through a roadside inspection, compliance investigation, crash investigation, or another enforcement process.
Federal Investigations and Enforcement
FMCSA can investigate a carrier’s safety practices and compliance with federal regulations. Depending on what an investigation finds, enforcement can involve formal notices, corrective action, civil penalties, and, in serious circumstances, orders preventing a carrier or vehicle from operating.
FMCSA maintains information about its civil penalties and closed enforcement cases.
Out-of-Service Orders
Certain safety conditions or regulatory violations can result in a driver, vehicle, or motor carrier being placed out of service. An out-of-service order can prevent further operation until the applicable problem is addressed or until the order is otherwise lifted according to law.
Civil Liability After a Truck Accident
An FMCSA enforcement action and a Texas personal injury claim are not the same thing. FMCSA enforces federal transportation regulations, while an injured person may separately pursue a civil claim against legally responsible parties.
In a civil truck accident case, evidence of a safety violation may help establish what the driver or trucking company did wrong. The key issue is whether the violation is legally relevant to the conduct that caused the collision.
For example, an hours-of-service violation may be particularly important if evidence shows that a fatigued driver fell asleep or failed to react in time. A defective brake inspection may become important if brake failure contributed to a rear-end collision. An unrelated paperwork violation may have little or no connection to how the crash happened.
Does an FMCSA Violation Automatically Prove Negligence?
No. Finding a regulation that was violated is only part of the analysis.
A truck accident investigation generally must determine:
- Which regulation applied?
- Who was required to comply with it?
- Was the regulation actually violated?
- What evidence proves the violation?
- Did the violation contribute to causing the accident?
- What injuries and damages resulted?
This distinction is important. A strong truck accident case connects the rule violation to the physical, electronic, documentary, and testimonial evidence showing why the collision occurred.
How Do Attorneys Find Evidence of FMCSA Violations?
Commercial trucking operations can generate extensive records. An investigation may compare multiple sources of evidence to determine whether the driver’s or carrier’s account of the crash matches what actually happened.
ELD and Hours-of-Service Records
Electronic logs can reveal driving time, on-duty time, rest periods, and other information relevant to fatigue. Dispatch records, GPS information, fuel transactions, and delivery records can be compared with ELD data to look for inconsistencies.
Black Box and Vehicle Data
Commercial vehicles may contain electronic systems capable of recording information about speed, braking, throttle, engine operation, and other vehicle activity. The information available depends on the truck and equipment involved.
Francis Injury explains this evidence in greater detail in How Black Box Data Is Used in Serious Crash Investigations.
Driver Qualification Records
A driver’s records may provide information concerning licensing, experience, training, driving history, medical qualification, and other matters relevant to whether the driver should have been operating the commercial vehicle.
Maintenance and Inspection Records
Repair invoices, inspection records, roadside violations, mechanic notes, driver defect reports, and maintenance schedules may reveal whether a carrier knew or should have known about a dangerous mechanical condition.
Motor Carrier Safety History
The federal Safety and Fitness Electronic Records (SAFER) system provides public access to certain motor-carrier information, including identification information, inspection summaries, crash information, out-of-service information, and safety ratings when available.
Public safety information can provide useful investigative leads, although the relevance and admissibility of prior violations or incidents depends on the facts and legal issues in a particular case.
Witness Testimony
Witnesses can provide information that electronic records cannot. A motorist may have seen the truck drifting across lanes. An employee may have knowledge about dispatch pressure or maintenance practices. A mechanic may know about a recurring defect. Qualified experts may analyze trucking regulations, crash reconstruction, medicine, engineering, or economic damages.
Learn more in The Role of Witnesses in Truck Accident Cases.
Why Evidence Preservation Matters After a Truck Accident
One of the most important differences between an ordinary car accident and a commercial trucking case is that critical evidence may be controlled by the trucking company or another business involved in the shipment.
Potentially relevant evidence can include:
- ELD records
- ECM or event data
- Dashcam and in-cab video
- GPS and telematics records
- Driver qualification files
- Dispatch messages
- Inspection and maintenance files
- Drug and alcohol testing information when relevant
- Cargo and loading documents
- Cellphone evidence when legally obtainable
- Company safety and training policies
- Surveillance and traffic-camera footage
An attorney may send preservation notices when litigation is reasonably anticipated to request that relevant evidence not be destroyed, altered, overwritten, repaired away, or discarded through ordinary business practices.
For a broader explanation of truck accident evidence and the claims process, see What You Should Know After a Truck Accident in Texas.
Who May Be Liable When FMCSA Violations Cause a Crash?
A commercial truck accident may involve more than the driver. The evidence may point to one responsible party or several.
- Truck driver: for fatigue, distraction, speeding, impairment, unsafe lane changes, or other negligent driving.
- Motor carrier or employer: depending on issues involving employment, hiring, training, supervision, scheduling, maintenance, safety policies, or regulatory compliance.
- Truck or trailer owner: when ownership and maintenance responsibilities are separated from the motor carrier.
- Maintenance contractor: if negligent inspection or repair contributed to a mechanical failure.
- Cargo loader or shipper: when improper loading or securement contributed to the collision.
- Manufacturer or parts supplier: when defective equipment contributed to the crash.
- Other motorists: in multi-vehicle collisions where several drivers contributed to the event.
Texas law allows responsibility to be divided among multiple people or entities. See What Happens If Multiple Drivers Are Responsible for an Accident? for a more detailed discussion of multi-party fault.
How Does Texas Proportionate Responsibility Affect a Truck Accident Claim?
Even when an FMCSA violation is discovered, the trucking company may argue that another driver also contributed to the crash.
Texas uses a proportionate-responsibility system. Under Chapter 33 of the Texas Civil Practice and Remedies Code, a claimant generally may not recover damages when the claimant’s percentage of responsibility is greater than 50%.
When recovery is permitted but the injured person is assigned some percentage of fault, the recoverable damages may be reduced according to that percentage.
This makes objective evidence particularly important when the trucking company or insurer tries to shift responsibility to the injured motorist.
Can FMCSA Violations Support Exemplary or Punitive Damages?
Potentially, but a regulatory violation by itself does not automatically entitle an injured person to exemplary damages.
Under Chapter 41 of the Texas Civil Practice and Remedies Code, exemplary damages generally require clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence, subject to the other requirements and limitations of Texas law.
A repeated pattern of serious safety violations, knowingly placing an unqualified driver on the road, deliberately ignoring dangerous mechanical defects, or other extreme conduct may become relevant to that analysis depending on the evidence. The specific legal standard must still be satisfied.
What Damages May Be Available After a Truck Accident?
If negligence is established, available damages depend on the injuries and losses proven in the individual case. Potential damages may include:
- Past medical expenses
- Future medical expenses when supported by the evidence
- Lost wages
- Loss of earning capacity
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
- Property damage
- Wrongful death damages in qualifying fatal-accident cases
- Exemplary damages when the requirements of Texas law are met
Medical documentation is particularly important when proving injury-related damages. Read How Medical Documentation Increases Settlement Value for additional information about documenting injuries and treatment.
How Long Do You Have to Bring a Texas Truck Accident Claim?
Texas generally applies a two-year statute of limitations to personal injury actions. Section 16.003 of the Texas Civil Practice and Remedies Code generally requires personal injury lawsuits to be brought within two years after the claim accrues, subject to exceptions and other applicable rules.
The legal filing deadline should not be confused with the practical deadline for investigating a truck accident. ELD data, video, electronic records, vehicle condition, witnesses, and other evidence can become unavailable long before two years have passed.
FMCSA Violations in Dallas–Fort Worth Truck Accident Cases
Dallas–Fort Worth motorists regularly share I-35E, I-35W, I-20, I-30, I-45, US-287, Loop 820, and other major corridors with commercial trucks carrying freight throughout Texas and across the country.
The location of the crash does not eliminate the need to determine which federal and state trucking rules applied to the vehicle and motor carrier involved. A collision in Dallas may involve an interstate motor carrier based hundreds of miles away, while a Fort Worth crash may involve several businesses located in different states.
Francis Injury represents people injured in serious commercial truck collisions throughout North Texas and statewide. Learn more about our Dallas truck accident lawyers, Fort Worth truck accident lawyers, and statewide Texas truck accident lawyers.
Francis Injury’s Experience With Commercial Truck Cases
Michael Francis, founding partner of Francis Injury, has more than 30 years of personal injury litigation experience and is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Earlier in his career, Michael represented major trucking companies, automobile manufacturers, and insurance providers before focusing his practice on representing injured people.
That background can be particularly relevant in cases involving trucking-company policies, commercial insurance, regulatory compliance, driver qualifications, and corporate defense strategies.
Francis Injury’s published case results include a $1.2 million truck-collision settlement involving an unsafe lane change and a $1.05 million recovery involving a commercial tanker-truck driver who did not have the required CDL. Past results do not guarantee future outcomes, and every case depends on its own facts, evidence, damages, insurance coverage, and applicable law.
FMCSA Violations and Texas Truck Accidents: Frequently Asked Questions
What does FMCSA stand for?
What are common FMCSA violations after a truck accident?
Does an FMCSA violation automatically make the trucking company liable?
How do lawyers find hours-of-service violations?
How long must trucking companies keep ELD records?
Can a trucking company be put out of service for safety violations?
Can I look up a trucking company’s safety record?
Can black-box evidence show an FMCSA violation?
Can an FMCSA violation result in punitive damages in Texas?
How long do I have to file a truck accident lawsuit in Texas?
Talk With a Texas Truck Accident Lawyer About Possible FMCSA Violations
If a trucking company or driver violated federal safety regulations, discovering the violation may require obtaining information that is not available in the police report. Electronic logs, driver files, black-box data, dispatch records, maintenance records, safety history, cargo documentation, and other evidence may all become important.
Francis Injury investigates serious commercial truck accidents throughout Dallas–Fort Worth and across Texas. If you or a family member was injured in a collision involving an 18-wheeler or other commercial vehicle, our attorneys can evaluate the accident and determine what evidence and regulations may apply.
Call 817-329-9001 or contact Francis Injury online for a free case evaluation.
Was a Federal Trucking Safety Violation Involved?
Speak with Francis Injury about the trucking records, electronic evidence, and FMCSA regulations that may apply to your crash.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Federal and state trucking rules vary depending on the vehicle, carrier, cargo, and type of operation. Past results do not guarantee future outcomes. Consult an attorney about the facts and deadlines applicable to your specific situation.
- What You Should Know if You Have Been Involved in a Truck Accident
- The Role of Witnesses in Truck Accident Cases: Eyewitnesses, Experts, and Winning Your Claim
- What Happens When a Trucking Company Violates FMCSA Rules?
- Do You Have to Report an Accident to Your Insurance if It’s Not Your Fault?
- Can You Reopen a Car Accident Claim After Settlement?
- What Happens If You’re Hit by an Uninsured Driver in Texas?
- What Happens If the Defendant Refuses to Settle?
- How Medical Documentation Increases Settlement Value
- How Black Box Data Is Used in Serious Crash Investigations
