Texas Commercial Vehicle Regulations and How They Affect Your Case
Catastrophic accidents that involve commercial vehicles can be devastating for victims. Due to their size, weight, and speed, commercial vehicles can crush smaller vehicles and during a collision, causing severe injuries or death. Commercial vehicles are frequently involved in multi-vehicle pileups,which increases the potential for harm.
In Texas, Many commercial vehicle crashes involve parties who violate federal and state commercial vehicle regulations. We’ll discuss how these laws can affect your case when you sue for damages.
Overview of Federal and State Regulations Governing Texas Commercial Vehicle Operations
Texas’ commercial vehicle drivers must abide by federal and state regulations that aim to keep the roadways safe. Negligent or reckless drivers who break these commercial vehicle laws risk causing serious accidents that can result in life-threatening and fatal injuries.
When a commercial vehicle wreck occurs, local and authorities will look for signs of commercial vehicle law violations. Police reports often help prove the negligence of one or more parties, like a commercial vehicle driver or their employer. A truck pileup attorney can help you recover any damages incurred by the accident.
What Are Federal Commercial vehicle Regulations?
Federal commercial vehicle regulations are established to make roads safer and help reduce the number of commercial vehicle accidents. The U.S. Department of Transportation’s (DOT’s) Federal Motor Carrier Safety Administration (FMCSA), which governs oversight of commercial vehicles that operate in the United States, sets forth rules that restrict things like consecutive driving hours, insurance and vehicle maintenance requirements, and eligibility for commercial driver’s licenses. These safety regulations are detailed within Parts 390-399 of Title 49 of the Code of Federal Regulations (CFR).
Some relevant federal regulations found in Parts 390- 396 of Title 49 are summarized below.
Commercial Vehicle Companies and Drivers Must Know the Law
Federal law says that commercial vehicle carriers must know and comply with all regulations. It’s illegal for commercial vehicle companies and their drivers to claim ignorance of the law, and commercial vehicle companies must inform their drivers about applicable trucking rules.
Commercial Vehicle Companies are Responsible for Their Employees
Drivers who operate leased commercial vehicles or are independent contractors are considered employees of the trucking companies they work for, and they can work for multiple companies at once.
Commercial Vehicles Must Remain in Good Working Order
Commercial vehicles companies must keep all parts of their vehicles and trailers in good working order and maintain all vehicles’ required equipment and appendages to meet applicable performance and safety standards.
Commercial Vehicle Companies Cannot Encourage Drivers to Violate the Law
Federal regulations prohibit commercial vehicle companies from coercing operators to drive in violation of any laws by threatening to cut their hours. Commercial vehicle companies must ensure that drivers comply with hours-of-service rules and keep accurate logbooks.
Drivers Must Meet Licensing and Hiring Requirements
Commercial vehicle drivers must be at least twenty-one years old, properly licensed, able to read and speak English, and healthy enough to pass a DOT-regulated medical exam.
During their hiring process, commercial vehicle companies must evaluate their potential drivers’ safety performance history for the past three years and perform a background check. Falling to follow through on these procedures could constitute negligent behavior.
Rules Regarding Drug and Alcohol Use and Screening
Carriers must screen all new drivers for drug use and report their findings to the FMCSA. Commercial vehicle drivers are not permitted to take amphetamines. Drivers must wait 24 hours after consuming alcohol to operate a commercial vehicle. Any driver with a blood alcohol content that meets or exceeds 0.04% will receive a DUI citation and their CDL license will be suspended for one year. A repeat offense will result in permanent loss of their license.
Driving While Impaired by Illness or Fatigue Is Forbidden
Drivers are prohibited from operating their commercial vehicles when fatigue or illness creates an impairment.
Drivers Must Use Caution When Road Conditions are Dangerous
During times of bad weather, drivers must be cautious and reduce speed when appropriate to maintain traction and visibility. If the road conditions are extremely hazardous, drivers must stop their commercial vehicles until the roads are safe.
Drivers Must Adhere to State Traffic Laws
Drivers must follow the traffic laws of the state in which they are currently operating.
Commercial Vehicles Must Undergo Periodic Inspection
Drivers must inspect essential components in their commercial vehicles such as their lights, electrical connections, steering components, service brakes, tires, air hoses, and more to ensure they are free of defects before they get on the road. They must also perform regular checks of their emergency equipment. Every commercial vehicle must also undergo and pass an annual inspection to remain in service.
How Do Federal Laws Impact Commercial Vehicle Accident Liability in Texas?
In Texas commercial vehicle accident lawsuits, federal regulations often dictate whether a commercial vehicle company or their driver or both violated the law leading up to the crash. This can significantly influence how the case gets resolved. Since several parties can be involved in a single commercial vehicle accident, it can sometimes be difficult to determine who is at fault. Depending on the circumstances, commercial vehicle companies, third-party contractors, manufacturers, and drivers can all potentially be held liable for an accident. If any of these parties fail to follow and meet federal guidelines and standards, they may be held accountable for damages. For instance, if a driver exceeds their maximum allotment of hours without taking a break, they may be held liable if they have an accident. If a commercial vehicle company sends a driver out in a vehicle that has faulty brakes, and the driver crashes due to brake failure, the company could be considered negligent and be held accountable for the wreck.
What Are Texas’ State Commercial Vehicle Regulations?
Texas commercial commercial vehicle laws are designed to keep drivers and passengers safe on the road. These regulations set standards and requirements for things like driver licensing and eligibility, commercial vehicle maintenance, weight limits, and hours-of-service rules. All commercial carriers and drivers must comply with these laws to avoid legal liability in the event of a collision.
The Texas commercial vehicle regulations that commonly influence commercial vehicle accident claims include:
Driver Qualification Standards
The Texas Transportation Code Chapters 521 and 522 require all drivers operating a commercial vehicle in the state to pass a background check and carry an up-to-date commercial driver’s license (CDL.) Drivers must be able to exhibit their license on demand or face criminal penalties. The state recognizes three classes of CDLs, Class A, Class B, and Class C, each of which has different permissions. Drivers who hold CDLs frequently drive large commercial vehicles weighing up to 26,001 pounds with attached trailers.
Hours-of-Service Rules
Texas Administrative Code Title 37, Part 1, Chapter 4, Subchapter B, Rule§4.1, known as the “70/7 rule”, limits the number of hours intrastate commercial drivers can operate their commercial vehicles without rest. Drivers must take a 34-hour break after working or driving 70 hours during any consecutive seven day period. The Texas DOT allows commercial vehicle drivers to operate their vehicles for a maximum of 12 hours after eight consecutive hours of off-duty rest.
Vehicle Maintenance and Inspections
Texas Transportation Code Title 7, Subtitle C, Chapter 548 says that commercial vehicle companies within the state must regularly inspect and maintain their vehicles so that they meet state safety standards.
Cargo Loading and Weight Limits
Texas Transportation Code, Chapter 621, Subchapter G, stipulates how commercial vehicle cargo must be loaded and secured. It specifies details such as the types of tie-downs that can be used and who must check the load before the driver can travel.
Weight Limits and Oversize Permits for Texas Trucks
Chapters 621-623 of the Texas Transportation Code govern weight limits for commercial vehicles. Chapter 621 says that the maximum gross weight for commercial trucks traveling with or without cargo in Texas is 80,000 pounds. The single axle limit is 20,000 pounds, and the tandem axle limit is 34,000 pounds. Commercial vehicles must obtain permits to travel with loads that exceed the state’s weight and size limits, and rules may vary by jurisdiction.
Speed Limits for Commercial Trucks
Texas Transportation Code Chapter 545, Subchapter H, says that all large commercial vehicles traveling through Texas must not exceed a speed of 70 mph during daylight hours and 65 mph after dark. There may be exceptions in some areas, such as the 85-mph speed limit for a 41-mile stretch of Highway 130.
Texas Insurance Requirements
Texas Transportation Code Chapter Chapter 643, Subchapter C requires commercial vehicle companies to secure a minimum amount of auto insurance coverage for commercial vehicles. These limits can vary depending on the class and size of the vehicle and the persons or cargo being transported.
Trucking Company Accountability for Employed Drivers
Chapter 601 of the Texas Transportation Code, generally holds commercial vehicle companies responsible for actions drivers take within the scope of their employment, which means that the company may be held accountable for an accident under the principle of “vicarious liability.” Texas House Bill 19 (HB 19) provides some exceptions to this rule and allows defendants to request a bifurcation of the trial process.
How Do Texas State Laws Impact Liability in Commercial Vehicle Accident Cases?
When a commercial vehicle crashes in Texas, the state’s specific laws can impact who can be held accountable for damages and the overall outcome of a lawsuit. The Texas Transportation Code sets forth the regulations for commercial vehicles operating within the state. Under the state’s comparative negligence rule multiple parties can share fault for an accident, and victims who are less than 51% at fault for a crash can recover compensation. Potentially liable parties could include speeding or distracted commercial vehicle drivers, negligent commercial vehicle companies, cargo loaders, vehicle and parts manufacturers, and mechanics and maintenance companies.
Differences in Federal and State Regulations can Influence the Outcome of Commercial Vehicle Accident Lawsuits
Although the U.S. DOT and FMCSA set the primary regulations for interstate commercial commercial vehicle operations, state and federal regulations can differ. The Texas Department of Public Safety (Texas DPS) oversees commercial vehicle operations within Texas, and federal rules may not always apply to carriers that only operate within the state. Texas drivers and carriers must comply with state regulations, such as rules that specify weight restrictions on roads and bridges, or requirements for special cargo permits.
When commercial vehicle accidents occur in Texas, local police and the Texas Highway Patrol have jurisdiction. If the accident is severe, additional state and federal agencies may be called in to investigate.
Since it’s not always clear which laws will take precedence in a Texas commercial vehicle accident lawsuit, victims should take care to hire an experienced attorney to handle their case. A truck crash lawyer who specializes in commercial vehicle accidents can ensure that your rights are protected.
The Importance of Hiring an Experienced Truck Accident Attorney After a Crash
Identifying violations that pertain to Texas commercial vehicle accident cases can be complex and uniquely challenging task. Navigating two sets of laws can be complicated, but a competent truck pileup lawyer can determine which regulations apply to a particular accident.
A capable truck wreck attorney or truck crash attorney can negotiate with insurance companies and represent you in court. They can also help to identify at-fault parties, gather evidence, and work to ensure you receive full compensation for damages, which may include medical expenses, lost wages, property damage, pain and suffering, and punitive damages.
If you or a loved one is involved in a commercial vehicle accident, you’ll need to seek help from a skilled truck accident lawyer or truck pileup attorney who understands federal and Texas regulations. A knowledgeable truck wreck lawyer can help you get the justice you deserve in a Texas truck accident case.
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