210-801-9314
Call Us Now
Email Us Now
If you were driving down I-10 or Loop 410 in San Antonio and were involved in a collision with a massive 18-wheeler, you know the crash is often catastrophic. Unlike a standard car accident, these commercial truck collisions involve a whole different layer of legal complexity. The sheer size of the vehicle means the injuries are usually severe. The most significant legal difference comes from the powerful federal regulations that govern the trucking industry.
We know you have questions about how to seek recovery for your medical bills and lost wages. To understand your claim, you must understand the rules that the trucking company and driver broke. In this post, we explore the specific Federal Motor Carrier Safety Administration (FMCSA) rules that apply to these commercial vehicles and how they interact with Texas state law to determine liability in your San Antonio truck accident case.
The FMCSA: Your Key to Proving Negligence
Commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation (DOT). The FMCSA creates rules that cover nearly every aspect of trucking, from driver fitness to how cargo is secured. These rules are designed to prevent the very accidents that happen every day on our Texas highways.
When an 18-wheeler crash injures you, proving that the truck driver or the trucking company violated one of these rules can be key to establishing their negligence. Negligence is the legal term for a failure to use reasonable care. Proving it is central to any personal injury claim.
Hours of Service (HOS) Regulations: Preventing Driver Fatigue
One of the most frequently violated FMCSA rules involves a driver’s maximum work time. These Hours of Service (HOS) rules are in place to combat driver fatigue, which is a major factor in many truck accidents.
FMCSA regulations set strict limits, including:
- An 11-hour driving limit in a 14-hour workday. After this, drivers must take a mandatory 10 consecutive hours off duty.
- A 14-hour on-duty window that defines the maximum amount of time a driver can be on the clock, even if not driving. Once this clock starts, it cannot be paused for short breaks.
- A required 30-minute break after eight cumulative hours of driving [49 CFR § 395.3].
If a driver’s logs or electronic logging device (ELD) data show they violated these rules, it suggests they were fatigued. That fatigue can lead to slow reaction times, poor decision-making, and, ultimately, a crash. A violation of the HOS rules directly points to negligence on the part of the driver and, potentially, the carrier for encouraging or allowing it.
Vehicle Maintenance and Inspection Requirements
The FMCSA holds trucking companies to high standards for vehicle upkeep. Commercial carriers must systematically inspect, repair, and maintain all motor vehicles they control [49 CFR § 396.3]. This is not a suggestion; it is a federal requirement.
These rules cover critical parts such as:
- Brakes
- Tires and wheels
- Steering and suspension systems
- Lighting devices
The regulations require drivers to perform pre-trip and post-trip inspections and to submit defect reports, which the carrier must then address. If a crash is caused by a tire blowout, brake failure, or another mechanical defect, our investigation can determine if the trucking company ignored a required maintenance record. Failure to maintain a truck is a violation of federal law and can establish the carrier’s direct liability.
How Texas State Law Handles Liability
Even with federal rules establishing negligence, the state where the accident happened, Texas, in your case, dictates how a claim is pursued, how fault is divided, and what deadlines you must meet.
The Statute of Limitations: A Critical Deadline
In Texas, a person must bring a lawsuit for personal injury not later than two years after the day of the crash [Tex. Civ. Prac. & Rem. Code § 16.003], under the state’s statute of limitations. For most truck accident cases, the clock starts ticking on the date of the crash.
Two years might seem like a long time but investigating a complex truck accident to gather all the necessary evidence, like driver logs, maintenance records, and company policies, takes considerable time. We move quickly to secure this evidence before it disappears or is legally destroyed.
Proportionate Responsibility (Modified Comparative Fault)
Texas uses a modified comparative fault system, which the law calls proportionate responsibility [Tex. Civ. Prac. & Rem. Code § 33.001]. This rule addresses situations in which both parties may share some percentage of the blame for the accident.
Here is how it works:
- A jury or judge assigns a percentage of responsibility to every party involved in the crash.
- Your percentage of fault reduces the amount you can recover in damages. For example, if you are awarded $100,000 but are determined to have been 10% at fault, you can only recover $90,000.
- The most critical point is the 51% Bar: If you are found to be more than 50% responsible for the accident, you are legally barred from recovering any damages at all.
This rule makes it essential to hire a law firm that understands how to minimize your assigned fault and clearly establish the trucking company’s liability.
Holding the Carrier Accountable: Vicarious and Direct Liability
Unlike a typical two-car collision, a San Antonio truck crash often involves multiple liable parties: the driver, the owner of the truck, the company that employs the driver (the carrier), and even the company that loaded the cargo.
- Vicarious Liability: The trucking company is often legally responsible for the negligence of its driver under a legal concept called respondeat superior (Latin for “let the master answer”). Since the driver is an employee, the company can be held liable for the driver’s negligent actions while they are working.
- Direct Liability: We can also hold the trucking company directly responsible if they were negligent in their own actions. This can include negligent hiring, negligent training or supervision, or negligent maintenance (the violation of FMCSA maintenance rules discussed above).
When a trucking company is found to be greater than 50% responsible for the accident, a special rule called joint and several liability may apply to them, potentially making them liable for the entire amount of your damages [Tex. Civ. Prac. & Rem. Code § 33.013]. This is extremely important, as trucking companies are far more likely to have the insurance coverage necessary to pay for your catastrophic injuries than an individual driver.
We Stand Ready to Fight for You in San Antonio
Truck accident litigation is not something we take lightly. These cases move fast, and the trucking company’s insurance team is already working to limit its financial exposure. From the moment a crash occurs on a busy highway like I-35 or US-281, we begin working to secure evidence, including the truck’s black box data and the driver’s logs, which proves FMCSA violations and, consequently, negligence.
At Pelaez Law Firm, Crash Angels, our singular mission is to help you recover physically and financially. We approach every case with deep compassion, knowing you are going through one of the hardest times in your life. We offer free consultations, and you never pay us a dime unless we win your case. If you or a loved one has been injured in a collision with an 18-wheeler, call us today at 210-801-9314. We are here to help you get back on the road to recovery.
