What Federal and Texas Laws Apply to Semi-Truck Accidents?

Posted in Car Accidents,Semi-Truck Accidents on March 9, 2016

If you operate a truck, semi-truck, 18-wheeler or tractor-trailer as a part of your employment or recreational, chances are you are crossing state lines frequently. It is important to know the laws that apply to you both federally and at the state level. Accidents involving semi-trucks are generally more dangerous than other types of accident and as a result many state and federal laws have been put in place to lower the number of these types of accidents.

Specifically the Federal Motor Carrier Safety Regulations were enacted and apply to all commercial vehicles engaged in interstate commerce. Texas, and all other states, has it’s own set of rules and breaking these rules can prove breach of a duty of care in semi-truck accidents.

Texas Laws for Semi-Truck Drivers

texas 18 wheeler

Commercial semi-truck drivers are subject to a number of regulations which allow and often mandate drug testing. See 49 C.F.R. § 382. Semi-truck drivers must be drug-tested before they begin employment and “as soon as practicable following an accident.” Additionally, semi-truck operators must randomly drug test their employees as a preventative measure. Drivers can also be tested if there is reasonable suspicion that they have been abusing drugs and alcohol.

Semi-Truck drivers must be 21 years of age and receive a commercial driver’s license to operate a semi. Additionally all semi-truck drivers must follow these rules of the road.

  • Follow traffic laws
  • Load cargo safely
  • Run periodic inspections of the vehicle
  • Abstain from illegal drugs
  • Not drive while sick;
  • Drive appropriately in hazardous conditions
  • Follow specific safety rules near railroad tracks
  • Not text or use a hand-held mobile telephone while driving.
  • Not drive while tired or fatigued

To that last point, federal laws impose strict laws for drivers regarding the amount of time they stay behind the wheel of a vehicle. No driver is allowed to drive;

  • More than 11 cumulative hours following 10 consecutive hours off-duty;
  • For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty (with certain exceptions);
  • After having been on duty 60 hours in any period of 7 consecutive days or 70 hours in any period of 8 consecutive days;
  • Without taking 34 or more consecutive hours off-duty after the 7 or 8 days of consecutive driving described above.

The rules outlined above are just a small snapshot of federal and Texas laws that apply to semi-truck drivers. Each state is different and it is absolutely paramount to know the laws of the state you are in while driving. If you are facing a semi-truck related lawsuit it is important to retain the services of an experienced attorney.