A serious truck crash usually starts two investigations. Police officers investigate the collision. The trucking company and its insurer start protecting the company. A third investigation is just as important: Did the driver and motor carrier follow the safety rules before the impact?
I am Greg Baumgartner. I have handled serious truck accident cases since 1985. Federal rules help point me toward the right records and witnesses. They may also reveal who put an unsafe truck or driver on the road.
| Quick answer: Federal trucking regulations govern most interstate motor carriers operating in Texas. Texas uses much of the same framework for intrastate carriers, but important exceptions apply. The rules cover drivers, work hours, testing, safe operation, maintenance, cargo, and insurance. A violation can support a claim when it helped cause the crash. It does not automatically establish fault. |
An 18-wheeler crash is not simply a larger car accident. Commercial carriers must follow added safety rules. Those rules often tell a Texas truck accident lawyer what records should exist and who should have created them.
The rules are minimum safety standards. A careful company may require more. A careless company may have a polished safety manual but fail to enforce it. The gap between policy and practice can become important evidence.
The regulation itself is not a magic key. Did the rule apply? Was it broken? Did the violation help cause the collision or the harm? Those are the real questions.
The Federal Motor Carrier Safety Regulations are found in Title 49 of the Code of Federal Regulations. Different parts cover different safety duties.
| Safety issue | Regulation | What it generally covers |
| Drug and alcohol testing | 49 CFR Part 382 | Testing programs, prohibited conduct, and required records |
| Commercial driver licenses | 49 CFR Part 383 | CDL standards, endorsements, and disqualifications |
| Insurance and financial responsibility | 49 CFR Part 387 | Minimum financial responsibility for covered interstate carriers |
| Driver qualifications | 49 CFR Part 391 | Driver files, medical fitness, driving history, and background checks |
| Safe operation | 49 CFR Part 392 | Driving conduct, vehicle safety, and prohibited practices |
| Equipment and cargo | 49 CFR Part 393 | Brakes, tires, lights, safety equipment, and cargo securement |
| Hours of service and logs | 49 CFR Part 395 | Driving limits, rest time, electronic logs, and supporting records |
| Inspection and maintenance | 49 CFR Part 396 | Inspection, repair, maintenance, and recordkeeping |
A valid CDL is only the starting point. A motor carrier must decide whether a driver is qualified for the work. Required checks may include driving, medical, and prior employment records.
After a crash, the driver file can show whether the company completed those checks. It may also reveal ignored warning signs. Read more about negligent hiring claims against trucking companies.
For most interstate drivers carrying property, the FMCSA hours-of-service rules include several basic limits:
Exceptions can change these limits. Special rules may cover short-haul, emergency, farm, oilfield, or bad-weather operations. I first identify the trip, cargo, route, and driver’s actual work.
In a fatigue case, I do not stop at the printed log. I compare it with dispatch messages, GPS history, fuel purchases, toll records, and engine data. A conflict may tell us more than the log itself. Read more about truck driver fatigue and hours-of-service violations.
Part 396 requires covered carriers to inspect, repair, and maintain their vehicles. Drivers also have safety duties before they start a trip. The required records depend on the vehicle and the operation.
When a crash may involve equipment, we look beyond the latest inspection form. Repair invoices, work orders, roadside reports, and driver complaints may show an earlier problem. Our page about truck maintenance claims explains what those records can reveal.
Federal rules address how cargo must be placed and secured. A shifting load can change how a trailer handles. It may cause a rollover, jackknife, or loss of load.
The driver and carrier are not always the only parties involved. A shipper, warehouse, or contractor may have controlled the load. Bills of lading, scale tickets, photos, and contracts can show who did what. Learn more about improperly loaded truck accident claims.
Federal rules require covered carriers to maintain drug and alcohol testing programs. Testing may occur before employment, at random, for cause, or after a qualifying crash.
Not every collision triggers a federal post-crash test. A death, citation, injury, or tow-away may affect the answer. If testing was required, its timing and the company’s response may matter.
Insurance rules depend on the carrier, trip, and cargo. Hazardous-material and passenger operations may require higher limits. Texas-only carriers also face state registration and insurance rules.
Insurance does not prove fault. It does affect which policies and responsible parties must be found. See our truck liability coverage guide.
First, decide whether the truck was in interstate or intrastate commerce. Interstate does not always mean the truck crossed the Texas border that day. Cargo may remain part of an interstate movement even if one leg remains within Texas.
A Texas-only carrier may fall under state safety rules. Texas uses much of the federal framework, with important changes. Some Texas property-carrying drivers may drive 12 hours after eight hours off. They may also have a 15-hour duty window. Check the work, cargo, route, and exceptions before using those numbers.
See our detailed comparison of interstate and intrastate motor carriers and the Texas Department of Public Safety’s current commercial vehicle administrative rules.
A violation may show what the driver or carrier should have done. It may also show a failure to meet a basic safety standard. But it must be tied to the crash.
Consider four examples:
A technical violation unrelated to the collision may carry little weight. The evidence should connect the safety duty, the violation, the crash, and the harm. The legal effect depends on the rule and the facts.
The best evidence is rarely found in one document. A serious investigation may include:
The key is comparison. A log may look proper until a fuel receipt places the truck elsewhere. A repair invoice may show the same brake complaint appeared three times. Our guide to critical evidence in an 18-wheeler accident case explains why these records matter.
A safety violation is only part of the story. The next question is whether it helped cause the wreck. Camera footage, truck computer data, and evidence from the road can help answer that question.
A dashcam may show traffic slowing ahead of the truck. Depending on the system, the truck’s computer may record speed and braking before impact. An accident reconstruction expert can compare those records with vehicle damage, tire marks, and road conditions to explain what happened.
For example, a driver’s log may show too many hours behind the wheel. Video showing a delayed response to stopped traffic could support a closer look at fatigue. Neither fact, by itself, proves the driver was tired or caused the crash. The records need to be checked together.
I look for where the evidence agrees—and where it does not. A driver may remember braking early, while the available data tells a different story. That difference deserves careful review. We also need to check what each device recorded, whether its clock was accurate, and what information is missing.
Not every case needs a reconstruction expert. The goal is to resolve the disputed facts with reliable evidence. Our guide to early truck accident investigation explains how we work to preserve the truck, scene evidence, and electronic records before they are lost.
Some records have short retention periods. Federal law generally requires carriers to keep driver logs and supporting records for six months under 49 CFR section 395.8. Other data can disappear sooner. Video may be overwritten. The truck may be repaired or returned to service.
A preservation notice should identify the driver, vehicles, dates, systems, video, messages, and company records. A demand that only says “preserve everything” may miss the data that matters most.
The first few days can shape the case. We begin with the truck, the people, the trip, and the evidence at risk. We do not let the trucking company choose which records are important.
The USDOT number is often printed on the truck or listed in the police report. The FMCSA’s Company Safety Records page links to the free SAFER Company Snapshot. It may show the carrier, operating status, inspections, reported crashes, and any safety rating.
Public data gives background. It does not prove why one crash occurred. Compare it with evidence from the driver, truck, company, witnesses, and scene.
According to TxDOT’s 2025 commercial motor vehicle crash report, Texas recorded:
Those numbers show the size of the problem, not the cause of one collision. The report cannot tell us which crashes involved fatigue, poor maintenance, or unsafe hiring. That takes a focused investigation.
I have handled serious truck cases for more than 40 years. I do not ask only, “Was there a violation?” I ask, “What decision allowed it, who made that decision, and did it help cause this crash?”
The answer may be a tired driver or a dispatcher who kept pushing. It may be a repair that was repeatedly delayed. It may be a driver who should not have been hired. The rules show the path. The evidence must complete it.
Baumgartner Law Firm limits its serious injury and wrongful death cases so I can stay involved. We have never lost a commercial vehicle accident case. Past results do not promise a similar result. Every case depends on its own facts and evidence.
No. Federal rules generally govern interstate motor carriers, while Texas rules may govern a carrier operating only within Texas. The vehicle, cargo, route, and type of operation must be examined before deciding which rules apply.
Common issues include excess driving time, false or incomplete logs, unsafe hiring, poor maintenance, defective equipment, improper cargo securement, drug or alcohol violations, and failure to enforce company safety policies.
No. A violation can be strong evidence, but it normally must be connected to the cause of the crash and the injuries. A rule that had nothing to do with the collision may not establish liability.
Federal law generally requires records of duty status and supporting documents to be retained for six months. Other records have different retention periods, and some video or electronic data may be overwritten much sooner.
Start with the USDOT number shown on the truck or police report. The FMCSA’s public safety databases can identify the carrier and provide limited safety information. A full investigation may reveal that other companies also controlled the driver, truck, trailer, cargo, or maintenance.
If you or a family member suffered a serious injury or death in a Texas truck accident, call Baumgartner Law Firm at (281) 893-0760 or toll-free at 1-866-758-4529. The consultation is free and confidential. There is no attorney fee unless we recover money for you.
Related resources:
Written and legally reviewed by Greg Baumgartner, Texas attorney licensed since 1984. Updated September 2026.
Call (281) 893-0760 or Toll Free 1-866-758-4529
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