State & Federal Regulations in 18 Wheeler Accident Cases in San Antonio TX

In a trucking accident case, your chosen lawyer must be able to determine and prove whether the driver of an 18-wheeler followed the rules and regulations set forth by the state and federal government. Most regulations are meant to keep people safe, and if a driver violates safety rules, he or she may be liable for injuries in an accident in San Antonio.

At Carabin Shaw, our team prides itself on its knowledge and research skills, which enable us to hold drivers accountable for their negligence. If you’ve been injured in a trucking accident, call our toll-free number at 800-862-1260 to schedule a free case review. We also encourage you to read our client reviews to find out what our clients say after we’ve helped them receive fair compensation for their injuries.

One of the first things your lawyer will want to investigate is whether the other party in your accident violated any laws or regulations. The Federal Motor Carrier Safety Administration (FMCSA) is part of the U.S. Department of Transportation (DOT). It is responsible for the federal safety regulations and oversight of commercial vehicles such as 18-wheelers. The agency researches and establishes minimum safety standards for all big rigs on U.S. roads.

Examples of FMCSA regulations that can influence liability in a trucking accident case include:

• Drug and alcohol testing: Employers must drug test new drivers before hiring them, and they may need a follow-up test after a trucking accident.
• Commercial driver’s license (CDL): Drivers must have a valid CDL to drive on interstate or intrastate roads legally.
• Hours of service (HOS): Establishes acceptable time limits for driving, including time for breaks and limiting drive times in adverse conditions.
• Hazardous materials: Training and permit requirements to prevent the spillage of hazardous materials.
• Standard equipment: Minimum equipment requirements to safely drive a tractor-trailer on U.S. roads.
• Inspections: Performance checks on vital equipment, such as brakes and load checks, are conducted to prevent rollovers and unsafe travel.

Texas state trucking regulations exist within the Texas Transportation Code and Administrative Code, and they are enforced by the Texas Department of Motor Vehicles (TxDMV) and the Texas Department of Public Safety. 18 wheeler accident regulations in Texas include:

• Size and weight limitations
• Marking regulations
• Registration requirements
• Permit requirements

San Antonio 18 wheeler accident attorneys can use the violation of state and federal regulations to prove liability in a trucking accident under the notion of negligence per se. This type of negligence establishes that safety rules and regulations are the truck driver’s duty to follow. Therefore, violations are a breach of that duty.

If your Texas truck accident lawyer can apply negligence per se to a trucking accident case, then there is no need to evaluate the plaintiff’s actions to see if they contributed to the fault of the accident. Instead, the defendant is automatically negligent and responsible for damages.

Negligence per se may not work in an 18-wheeler accident case if the defendant could not comply with the DOT regulations due to outside circumstances. In this type of defense, the court would then consider the comparative negligence of both drivers and award compensation proportionately.

Truck accident lawyers in San Antonio, Texas will investigate your truck crash and search for evidence that the driver violated state or federal safety rules. Evidence such as citations or other disciplinary measures can prove that the truck driver was negligent and liable for your injuries. Hiring an attorney with established legal resources is essential to this part of your case so you can clearly establish fault.

San Antonio TX injury lawyers at Carabin Shaw are skilled investigators, and we will dig deep to find the evidence you need to support your personal injury lawsuit. We offer our services on a contingency-fee-basis, so you don’t have to worry about the cost of your legal services until you’ve won compensation. We also have English- AND Spanish-speaking staff, and someone is available to answer your call 24/7.

For more information:

• FMCSA
• FMCSA
• Texas DPS