FMCSA Violations in Houston Truck Accident Cases

Driver hours and fatigue

An hours violation becomes useful evidence when it helps explain the driver’s conduct. Did the truck drift? Did the driver miss stopped traffic? Do the records show enough time for the claimed rest?

We compare logs with outside records, such as toll transactions and dispatch messages. The FMCSA hours-of-service summary explains general driving limits, breaks, and exceptions. Our discussion of what truck driver logs can reveal explains how those records can be tested.

Driving within the hour limits does not rule out fatigue. Exceeding them does not, by itself, prove that fatigue caused the crash. We still need evidence of what happened.

False logs and improper ELD changes

An electronic logging device, or ELD, records driving and duty information. Before calling missing ELD data a violation, we check the ELD requirements and exceptions for that operation.

An edited entry is not automatically false. Federal rules for ELD edits and corrections allow certain changes and require an explanation. We review the original entry and the change. We also check the reason given and whether the driver approved it as accurate.

The concern is whether the record accurately reflects the work. For example, a claimed off-duty period may conflict with loading records. An unexplained change after a crash may need closer review. Its timing alone does not prove a false entry.

Maintenance failures and inspection records

The strongest maintenance evidence often shows a problem that someone knew about before the wreck. A driver’s defect report followed by no repair can matter when that same defect contributes to the crash.

Federal maintenance requirements cover inspections, repairs, maintenance, and required records. We compare those files with work orders, photos, and, when appropriate, a vehicle examination. Our guide to claims involving neglected truck maintenance covers this issue in more detail.

Missing inspection paperwork needs careful review. The written inspection report rule has exceptions. You generally don’t need a written report if no defect was found or reported. We check which provisions apply to the truck and its work. A missing report alone does not establish that an inspection was skipped.

Driver qualifications and unsafe hiring

A qualification file can show whether the carrier performed required checks and kept the required records. The driver qualification file requirements provide a starting point for that review.

We look at the driver’s license status, medical qualifications, required background checks, and relevant safety history. A prior crash alone does not make a driver unqualified. We ask what the company had to check and what it learned. Then we look for a link between the problem and the wreck.

Our page on unsafe hiring and driver qualification explains potential claims against the company. We also separate poor safety practices from breaches of a specific federal rule.

Drug and alcohol testing failures

Some crashes trigger required drug and alcohol tests. The rule does not cover every truck accident. The post-crash testing requirements explain when and how to test.

If a required alcohol test is not completed within two hours, the employer must record why. Attempts must stop after eight hours. The drug testing cutoff is 32 hours, and we must also document reasons for a missed required test.

A missed test does not prove that the driver was impaired. Because the missed test occurs after the crash, it does not explain the cause. It may leave an evidence gap that we need to investigate.

Cargo securement failures

A shifting load can affect a truck’s balance and handling. Falling cargo can also create a hazard for other drivers. The federal cargo securement rules help identify the duties that apply to the load.

Useful evidence may include loading photos, tie-downs, shipping records, weight information, and the condition of the trailer. We also examine who loaded the cargo and what each party could see or control. Handling freight does not, by itself, make a shipper or loader liable.

Texting and handheld phone use

The federal texting restriction and handheld phone restriction can matter when distraction is suspected. We must place a phone record on a reliable timeline and connect it to the driver’s conduct.

We compare available phone or app records with video, witness accounts, and vehicle data. An open app or call record may not show who used the device. We still need to determine whether the driver broke the rule.