Tractor trailers are the biggest vehicles on Texas roads today. Unfortunately thousands of accidents involving trucks happen every year. Many of which could have been prevented had the trucks and truck drivers involved been in compliance with federal trucking regulations.
At McEwen & Kestner, our experienced attorneys keep all state and federal trucking regulations in mind when reviewing and investigating your case. For example; finding evidence that the truck driver involved in the accident had been driving for longer than the allowed 11 hours or had not had at least 10 consecutive hours off duty before beginning to drive on the day of the accident can significantly impact your financial recovery.
Maximizing Your Truck Accident Injury Compensation
If we find the truck driver, the truck owner or the truck was not in compliance with state and federal trucking regulations, we will seek punitive damages against the responsible party. Punitive damages are designed to punish those responsible for causing harm while compensatory damages compensate the injury victim for damages including lost wages, lost profits, current and future hospital bills , cost of home medical care, mental anguish, pain and suffering and more.
Most Common Federal Trucking Regulations
The federal trucking regulations that the trucking industry must abide by are extensive and can be confusing. The experienced truck accident attorneys at McEwen & Kestner can explain these regulations and how they may apply to your truck accident case.
Below are some of the most common federal trucking regulations used in truck accidents and the prosecution of negligent trucking companies
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- No truck driver shall operate a commercial truck while the driver’s ability or alertness is impaired or likely to become impaired through fatigue, illness or any other cause to a degree that would make it unsafe for him or her to drive; no motor carrier (trucking company, etc.) shall re (392.3).
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- No truck driver shall be on duty and possess, be under the influence of, or use, illegal drugs or other substances (392.4).
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- No truck driver shall use alcohol, be under the influence of alcohol within 4 hours before going on duty or operating a commercial truck or while on duty, operating or having physical control of a commercial truck (392.5(a)).
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- No motor carrier shall require or permit a driver to violate 392.5(a) (above) or be on duty or operate a commercial motor vehicle if, by the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours (392.5(b)).
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- No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated (392.6).
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- No commercial truck shall be driven unless the driver is satisfied that critical parts and accessories are in good working order (392.7).
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- No commercial truck shall be driven unless the driver thereof is satisfied that required emergency equipment is in place and ready for use; nor shall any driver fail to use or make use of such equipment when and as needed (392.8).
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- A hauler of freight shall not drive the tractor-trailer unless the cargo is secure and the devices for securing the cargo are in good working order (392.9).
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- Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the truck shall be discontinued and shall not be resumed until the truck can be safely operated (392.14).
- Whenever a truck is stopped upon the traveled portion of a Texas highway or the shoulder of a highway for any cause other than necessary traffic stops, the truck driver shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places warning devices (392.22).
