Overview | Driver Fatigue | Improper Load | Driver Logs

There were over 411,000 accidents involving trucks in interstate commerce reported in 1998 to the Office of Motor Carriers, Department of Transportation. Approximately twenty-five percent of those accidents reported injuries and almost 5000 involved fatalities. Texas had the most fatalities with California a distant second. The most common factors that contribute to trucking accidents are driving too fast; failing to stay in a lane of travel; and, failure to yield the right of way.

The Federal Highway Administration has enacted numerous regulations that relate to almost every part of driving and maintaining a truck. Many states including Texas have adopted these regulations. The regulations that are the most pertinent in trucking accidents can be found at 49 C.F.R. Sections 390-396.

Violation of a Federal Regulation found in the C.F.R. may result in a finding of negligence per se which significantly reduces the burden on the Plaintiff in his/her attempt to recover for any damages and injuries incurred.

Potential causes of action against a trucking company and its driver may include: Negligence Per Se, Negligent Entrustment, Negligent Hiring and Retention, Negligent Training, Negligent Maintenance, and possibly the common negligence theories used in any accident such as failure to maintain a safe distance and speeding.