The trucking industry is subject to special rules and regulations under federal law. An organization known as the Federal Motor Carrier Safety Administration (FMCSA) is responsible for enforcing these rules and penalizing trucking companies that violate them. Each year, many large truck accidents are traced back to FMCSA violations. Certain types of violations are more common than others. Contact a truck accident attorney in San Antonio if you were injured in an accident.
Moving Violations
According to the FMCSA, moving violations are one of the most common issues associated with driving a commercial motor vehicle. A moving violation in Texas refers to an infraction committed by a truck driver while the vehicle is in motion.
Common moving violations among truckers include:
- Speeding
- Failing to use a seat belt
- Texting while driving
- Making unsafe lane changes
- Following too closely (tailgating)
- Failing to yield the right-of-way
- Ignoring traffic control signs and signals
- Improper turns
Driving violations can increase the odds of a truck accident, as they can put the large truck in a place where it should not be, such as in another driver’s lane or the middle of an intersection at a red light.
Broken Hours-of-Service Regulations
Hours-of-service (HOS) regulations place a strict limit on the number of hours a truck driver can operate a large commercial truck without taking rest breaks. HOS rules exist to help prevent truck accidents caused by drowsy and fatigued truck drivers. Unfortunately, drivers may violate these rules to make it to their destinations faster – especially if pressured by their employers.
The FMCSA reports “False Report of Driver’s Record of Duty Status – 49 CFR 395.8(e)” as the number one most cited roadside violation. “No Record of Duty Status – 49 CFR 395.8(a)” is the second most cited. Both of these can point to HOS violations, as drivers may make false reports to conceal the fact that they are driving beyond the maximum number of hours allowed.
Skipped Maintenance and Inspections
Issues related to inadequate truck maintenance can lead to equipment breakdowns on a drive, such as brake failures and tire blowouts. Trucking companies often skip inspection, repair and maintenance requirements to save themselves time and money. The third most commonly cited roadside violation according to the FMCSA is “Inoperable Required Lamp,” which is a vehicle lighting issue that can be prevented with proper maintenance.
Driver-Related Infractions
While trucking companies are behind many violated FMCSA standards, truck drivers can also be guilty of infractions. Some of the most commonly reported citations are operating without a valid commercial driver’s license, operating a commercial motor vehicle without proof of periodic inspection, and drug and alcohol possession and usage on the job.
Contact an Attorney for Help With a Truck Accident Case in Texas
If a violated FMCSA safety standard caused or contributed to your truck accident in Texas, you could be entitled to financial compensation from the truck driver or trucking company. You or your lawyer will have to prove that the defendant violated a federal law and that this is what caused your collision.
Hiring an experienced San Antonio injury lawyer can make it easier to prove your case. An attorney can gather evidence of a violation on your behalf while you focus on healing. Consult with a personal injury lawyer for more information about your legal rights. A lawyer can help you file a claim or lawsuit against one or more parties for a legal violation that caused your crash. We offer free consultations.