By Jonathan Herrera, J.D. Herrera PLLC

Commercial trucks operating on Houston-area highways are subject to a body of federal safety regulations that do not apply to ordinary passenger vehicles. When a serious accident involves an 18-wheeler or other commercial vehicle, these regulations often become part of how the accident is investigated and how a resulting claim is evaluated. This overview explains what the core federal trucking regulations require and how they can factor into a Houston trucking accident claim.

These rules can become particularly relevant in Houston’s major trucking corridors, including I-10, I-45, Highway 288, and the Port of Houston.

Overview of the Federal Motor Carrier Safety Regulations

The Federal Motor Carrier Safety Administration (FMCSA) enforces a set of rules known as the Federal Motor Carrier Safety Regulations (FMCSRs), found at 49 CFR Parts 350–399. These regulations govern nearly every aspect of commercial trucking operations, including who is qualified to drive a commercial motor vehicle, how many hours a driver may operate before resting, how vehicles must be inspected and maintained, and how accidents and violations must be documented. The regulations generally apply to trucks and truck-tractors used in interstate commerce, though some provisions extend to intrastate operations as well.

Because these rules were written specifically to reduce truck-related crashes, they often provide a helpful framework for understanding what happened in a specific accident. Records generated to comply with these regulations, such as driver logs, inspection reports, and qualification files, can become relevant sources of information when a serious trucking accident is investigated. For a broader look at how these cases are evaluated, see our truck accident practice.

Hours-of-Service Rules and Their Role in Accident Claims

The FMCSA’s hours-of-service regulations, found at 49 CFR Part 395, limit how long a commercial driver may be behind the wheel before taking required rest.

For property-carrying drivers, the current rules generally include:

• 11-hour driving limit: A driver may generally drive up to 11 hours after 10 consecutive hours off duty.
• 14-hour window: Driving must generally occur within a 14-hour on-duty window that begins once the driver starts work for the day.
• 30-minute break: A 30-minute break is generally required after 8 cumulative hours of driving.
• 60/70-hour limits: Drivers are generally limited to 60 hours on duty over 7 consecutive days or 70 hours over 8 consecutive days.
• 34-hour restart: A qualifying 34-hour restart may reset the driver’s weekly cycle.

These limits exist because driver fatigue is a recognized factor in commercial vehicle crashes. When a serious trucking accident occurs, hours-of-service records covering the days leading up to the crash can become relevant to understanding how long a driver had been working and whether required rest periods were taken. For more on how fatigue-related issues can factor into a claim, see Truck Driver Fatigue & Hours-of-Service Violations.

Driver Qualification and Vehicle Inspection Requirements

Federal law also sets minimum standards for who may operate a commercial motor vehicle. Under 49 CFR Part 391, motor carriers are generally required to maintain a driver qualification file for each driver, which typically includes the driver’s employment application, motor vehicle records from each state where the driver held a license during the preceding three years, a road test certificate or equivalent, and a current medical examiner’s certificate confirming the driver is physically qualified to operate a commercial vehicle. These files are generally required to be kept for as long as the driver is employed and for three years afterward.

Separately, 49 CFR Part 396 requires motor carriers to systematically inspect, repair, and maintain their commercial vehicles. Drivers are generally required to prepare a written inspection report if a defect or deficiency is discovered at the end of each day’s work; no written report is required when none is found. Carriers must address any defect likely to affect safe operation before the vehicle is used again. Commercial vehicles are also generally subject to a periodic inspection at least once every 12 months.

When a trucking accident appears to involve a mechanical failure, or when a driver’s background raises questions, these qualification and inspection records often become an important part of the investigation.

Jonathan Herrera’s background evaluating commercial trucking and industrial claims as an insurance adjuster, before he became an attorney, gives him familiarity with how these types of records are generated and organized within a trucking company’s files.

Federal Insurance Requirements for Commercial Trucks

Federal law also establishes minimum financial responsibility requirements for certain commercial motor carriers. Under 49 CFR Part 387, the amount of required liability coverage can vary depending on factors such as the type of operation and cargo being transported.

These minimum requirements can matter after a serious trucking accident because the amount of insurance available may affect the potential sources of recovery for an injured person. Determining what coverage a trucking company was required to carry, what coverage it actually had, and whether additional policies may apply can be an important part of evaluating a claim.

Jonathan Herrera’s experience handling high-exposure commercial claims as an insurance adjuster gives him firsthand familiarity with how commercial insurance coverage can factor into trucking claims.

How Regulatory Violations Can Support a Negligence Claim

A violation of a federal trucking safety regulation does not automatically resolve a claim, but under Texas law it can be relevant evidence in a negligence case. Texas courts have recognized that where a regulation was designed to protect a specific class of people from the type of harm that occurred, a violation of that regulation may be treated as evidence supporting a negligence claim, sometimes described as negligence per se. Whether a particular hours-of-service, maintenance, or driver-qualification violation applies in this way depends on the specific facts of the accident, including whether the violation is connected to how the crash occurred.

Because trucking companies and their insurers typically involve legal teams from an early stage of an investigation, understanding whether a regulatory violation may be relevant often requires a careful review of the driver’s and carrier’s records. Jonathan Herrera’s background on both the insurance adjusting and insurance defense sides gives him insight into how these records are typically evaluated by the parties defending a trucking claim.

The Role of Electronic Logging Devices in Investigations

Since December 2017, most commercial drivers subject to hours-of-service rules have been required to use an electronic logging device (ELD) to automatically record driving time, rather than relying solely on paper logs. ELDs connect to a vehicle’s engine and record data such as when the vehicle is in motion, helping to create a more objective record of a driver’s hours than handwritten logs alone.

Under 49 CFR 395.8, motor carriers are generally required to retain a driver’s record of duty status and supporting documents for a minimum of six months from the date the record was created. Because this retention period is limited, and because some records can be lost, overwritten, or discarded in the normal course of business, early steps to request and preserve ELD data and related records are often an important part of investigating a serious trucking accident before that information becomes unavailable.

If you were injured in a truck accident and believe a trucking company may have violated federal safety regulations, Herrera PLLC can review the circumstances of your case and explain your legal options. Contact Herrera PLLC to schedule a free, confidential consultation. There is no obligation to move forward.

Frequently Asked Questions

What are the Federal Motor Carrier Safety Regulations?

The Federal Motor Carrier Safety Regulations are a set of federal rules, found at 49 CFR Parts 350–399, that govern commercial trucking operations. They cover topics such as driver qualifications, hours of service, vehicle inspection and maintenance, and recordkeeping, and they generally apply to trucks and drivers operating in interstate commerce.

How do hours-of-service violations relate to a truck accident claim?

Hours-of-service rules limit how long a commercial driver may drive and work before taking required rest, generally allowing up to 11 hours of driving within a 14-hour window after 10 consecutive hours off duty. When a driver exceeds these limits before an accident, the driver’s hours-of-service records can become relevant to understanding whether fatigue may have played a role in the crash.

What driver qualification requirements do trucking companies have to follow?

Motor carriers are generally required to maintain a driver qualification file for each driver, which typically includes an employment application, motor vehicle records, a road test or equivalent certification, and a current medical examiner’s certificate. These files help confirm that a driver met minimum federal requirements before operating a commercial vehicle.

How can a regulatory violation help establish negligence?

Under Texas law, a violation of a safety regulation that was designed to protect people from the type of harm that occurred may be treated as evidence supporting a negligence claim. Whether this applies in a specific case generally depends on the facts, including whether the violation is connected to how the accident happened. An attorney can evaluate the specific circumstances of a claim.

What is an electronic logging device and why does it matter in an investigation?

An electronic logging device, or ELD, automatically records a commercial driver’s hours by connecting to the vehicle’s engine. Since most commercial drivers have been required to use ELDs, this data has become an important source of information in trucking accident investigations, particularly since carriers are generally only required to retain these records for a limited period of time.

How long do I have to file a claim after a Houston trucking accident?

Texas generally requires personal injury claims to be filed within two years of the date of the accident, although different deadlines may apply in certain circumstances, including claims involving government entities. An attorney can review the facts of a specific case to determine which deadlines may apply.

Do federal trucking regulations apply to trucks that only operate within Texas?

Federal Motor Carrier Safety Regulations generally apply to interstate commercial trucking operations, while Texas has also adopted many federal motor carrier safety standards for intrastate carriers. Whether a particular rule applies depends on the type of operation, vehicle, and circumstances involved.