Common Violations Leading to Texas Truck Accidents and How They Affect Liability

Trucks play a vital role in the Texas economy, transporting nearly everything we use. But in an effort to deliver items faster and with a higher profit margin, trucking companies sometimes cut corners when it comes to complying with regulations designed to maintain the safety of truck transportation. This can lead to dangerous conditions on the roads and increase the likelihood of truck accidents.

At DeKeyzer Law, we know that violations of trucking and traffic rules frequently cause collisions that result in death or disabling injuries. Knowing the role that violations play in the liability for a truck accident can be crucial to obtaining the maximum compensation for victims. Here are some of the more common violations that lead to Texas truck accidents and their impact on liability.

Maintenance Violations

Both federal and state laws require trucking companies to undertake inspections and perform regular maintenance on commercial vehicles that are used to transport goods, such as trucks transporting products for Amazon or delivering packages for Federal Express.

For example, Part 396 of the Title 49 of the Code of Federal Regulations, which contains rules regarding the inspection, repair, and maintenance of commercial motor vehicles, establishes requirements such as:

• Vehicles must be properly lubricated and free from oil and grease leaks
• Vehicles should not be operated in a condition “likely to cause an accident or breakdown”
• Vehicles must be inspected according to a detailed checklist every 12 months
• Components replaced on a vehicle must have been inspected within the previous 12 months
• Drivers must prepare a report at the end of each day’s work regarding the condition of equipment such as brakes, windshield wipers, lights, and tires. 

In addition to the federal requirements, the Texas Commercial Vehicle Enforcement Service enforces state safety regulations for commercial trucks.

It is common for violations of maintenance requirements to cause truck accidents in Texas. For instance, leaking oil or grease poses a risk of fire and can leave slick roads that cause vehicles to lose control. Or, if the tread of truck tires is not sufficient, it can lead to a blow-out or other problems where a truck driver is forced out of a lane to collide with cars or other vehicles.

However, it takes time and effort to undertake proper maintenance, and many companies either wait too long between service checks or perform checks so quickly that they miss signs of deterioration or other problems that could lead to an accident. In other cases, companies ignore reports of problems and put dangerous trucks back on the road regardless of the safety violation.

Because the maintenance requirements are directly related to the safe operation of large, heavy trucks on our roads, an experienced injury attorney can argue successfully that violation of these rules helps demonstrate liability for a truck accident.

Operating Violations

Trucks on Texas roads often operate in violation of trucking rules. A truck may be carrying too much weight, for example, making it unstable or preventing the driver from being able to slow down properly in traffic. Operators may also be on the road longer than allowed by law without an adequate break for rest. Driving while fatigued can be just as dangerous as driving while drunk.

In addition to trucking rules, drivers who are trying to keep up with unrealistic schedules set by their employers often violate traffic rules by:

• Driving in excess of the posted limit or too fast for current road and weather conditions
• Focusing attention on a cell phone rather than the road
• Failing to yield when required
• Changing lanes too quickly
• Failing to stop for a traffic signal
• Making a turn without ensuring that adequate space is available
• Driving under the influence of alcohol or drugs (including legal drugs that impair driving ability)

An experienced truck accident lawyer may bring in an accident reconstruction expert to show how a violation of trucking rule requirements caused an accident, which can place liability squarely on the trucking company. In the case of operator violations, an attorney can often show why the trucking company should be held liable for the actions of the driver as an employer or by virtue of other connections or control.

Violations of Driver Requirements

To operate a commercial motor vehicle, drivers must meet certain requirements. The qualifications vary somewhat depending on whether the vehicle is driven solely within Texas or whether it crosses state lines. Trucking companies do not always ensure that their drivers are properly qualified.

Drivers must hold a license for a minimum number of years to ensure that they have adequate experience handling traffic situations. They need to meet vision standards. They also need to pass knowledge and skill exams to be eligible to drive trucks with a certain weight and degree of driving difficulty. In addition, they also cannot have certain offenses on their recent record.

When a trucking company turns over control of a vehicle to a driver who does not meet the regulatory requirements, the regulatory violation can indicate that the driver poses a risk to others and that the trucking company is disregarding that risk. This can provide grounds to hold the trucking company liable if that driver causes an accident.

DeKeyzer Law Can Use Violations to Strengthen Claims for Compensation

A violation of trucking laws or traffic rules does not automatically make a trucking company, vehicle owner, or driver liable for a truck accident. You need to work with a skilled attorney who can present evidence persuasively and make the right arguments to show how a violation demonstrates the degree of negligence or recklessness necessary to create liability on the part of the trucking company.

At DeKeyzer Law, we know that trucking companies work with experienced legal teams who use every argument they can think of to shift liability from the company to the victim of the truck accident whenever possible. Holland DeKeyzer built his reputation by standing up to big corporate trucking interests and fighting effectively to ensure that truck accident victims received the compensation they deserved after a devastating accident. When our investigations uncover evidence of rule violations, we know how to use that evidence to the best advantage. However, it is important to begin investigations as soon as possible after a truck accident before the corporate lawyers have a chance to make the evidence disappear. If you or a loved one suffered injuries in a truck accident, contact DeKeyzer Law to learn how we can help you gain the compensation you need to move forward to a brighter future.