Large trucks are dangerous to the general public, as they have the potential to cause catastrophic and fatal injuries in traffic accidents. For this reason, the federal government imposes safety rules and guidelines that apply to all common carriers. If you get hurt in a Texas truck accident and suspect a safety violation played a role, learn how to protect your rights by reporting the violation. Make sure to speak with an experienced truck accident lawyer in San Antonio for legal guidance.
How to Report a Trucking Safety Violation in Texas
When a truck accident takes place in Texas, the injured victim must establish negligence and fault to receive financial compensation from the trucking company. This is how Texas’s fault-based insurance rule works. If there are signs that a trucking company or driver violated a federal safety law, it is important to collect proof of this violation to serve as evidence in your injury claim.
Gather Evidence Immediately
Collect essential information about the truck and your accident, including the license plate number, the truck driver’s name and the name of the trucking company. If you can, take pictures at the scene of the accident. If there are any visible problems, such as improperly secured cargo or defective equipment, capture images.
Notify the Police
Call 911 to report the crash and file a police report. Notify the police if there is an ongoing safety emergency at the scene, such as hazardous materials spilling into the road or environment. When the police arrive, they can investigate for further evidence of a violation, such as testing the driver’s alcohol levels and assessing driver logs.
Report the Violation to the FMCSA
You should always report a truck safety violation to the FMCSA. The Federal Motor Carrier Safety Administration investigates reports of violations involved in past events. If the FMCSA finds evidence of a violation, it may cite or penalize the trucking company and require it to remedy the issue. The FMCSA’s findings can provide you with evidence to support your truck accident claim.
Contact a Truck Accident Lawyer
It is important to involve a car accident attorney in San Antonio for further evidence collection if you suspect a safety violation. An attorney can access the truck’s black box, company logs, maintenance records and other documentation that may show proof of a regulatory breach in connection with your accident. Your lawyer can then position this evidence to prove that the accident may have been prevented had the trucking company obeyed the law.
What Are the Most Common Trucking Violations?
Many federal regulations determine how large trucks should be maintained, loaded and operated. If a trucking company or truck driver breaks any of the FMCSA’s rules, this can dramatically increase the odds of a traffic accident on a job.
Common violations involve:
- Truck driver qualifications and training
- Truck maintenance, inspections and upkeep
- Driver hours-of-service rules
- Drug and alcohol testing
- Cargo loading and securement
Do not only rely on the trucking company or its insurance provider to investigate the cause of your Texas truck accident. These entities do not want to protect your best interests. Instead, contact a personal injury lawyer for assistance with your case. A San Antonio personal injury attorney can investigate and hire experts to prove fault. Your lawyer can show that a trucking company is responsible for allowing an unsafe truck or driver on the road, helping you achieve justice and maximize your compensation.