Commercial trucking is one of the most heavily regulated industries in the country, and for good reason. The FMCSA enforces strict rules covering everything from how long a driver can stay on the road to how a truck must be maintained and loaded. These regulations exist to protect the public, and a violation of any one of them can significantly increase the risk of a serious accident.
If you were injured in a truck accident in Texas and believe the driver or trucking company may have been in violation of federal regulations, that suspicion could be the foundation of a strong injury claim. Continue reading to learn about how to approach the situation or reach out to our truck accident attorney in El Paso for assistance.
Common Federal Violations That Lead to Truck Accidents
Not every truck accident involves a regulatory violation, but many do. Some of the more frequent ones that come up in injury cases include:
- Exceeding hours of service limits, which can lead to fatigued driving
- Skipping required vehicle inspections or ignoring known mechanical defects
- Failing to properly secure cargo before transit
- Hiring drivers who don’t hold a valid CDL or who have disqualifying offenses on their record
- Operating a truck that exceeds federal weight limits
Violating any of these regulations can be used as evidence of negligence in a Texas personal injury claim. Multiple violations in the same case can make the trucking company’s position even harder to defend.
Steps To Take if You Suspect a Violation
Your priority after any truck accident should be your health. Get medical treatment as soon as possible, even if your injuries don’t seem severe at first. From there, focus on preserving as much information as you can:
- Write down everything you remember about the crash while the details are still fresh
- Make note of anything unusual you observed about the truck, such as damaged tires, unsecured cargo, or a driver who seemed drowsy
- Take photos and video of the accident scene, including the vehicles involved and any injuries/damage
- Avoid corresponding with the trucking company’s insurance adjuster before speaking with an attorney
Getting legal advice as soon as you can may be in your best interest. Much of the evidence needed to prove a federal violation is in the trucking company’s possession, including driver logs and ELD data. Your attorney can take legal action to make sure those documents are preserved before anything is lost or altered.
How a Federal Violation Can Affect Your Personal Injury Claim
Proving that a federal safety regulation was violated can strengthen your case significantly, as it can help demonstrate that the defendant failed to follow rules specifically designed to prevent the kind of accident you were involved in. This directly relates to one of the key legal elements of negligence and can help you win your claim as a result.
Texas follows a modified comparative fault system, so your compensation may be reduced if you share some of the blame for the crash. However, documented federal violations on the other side make it much harder for the defense to shift fault in your direction.
Contact a Texas Truck Accident Attorney To Set Up a Free Consultation
Were you involved in a truck accident in Texas that was caused by violating a federal regulation? You may be entitled to substantial compensation, but the opposing party and their insurance company won’t make the process easy.
Call our El Paso personal injury attorneys from Cal Mundell Law Firm, PLLC today at (915) 250-0700 for a free consultation. We’ll launch a comprehensive investigation into your case and begin working on establishing liability right away.