An 18-wheeler can haul interstate freight without ever leaving Texas. The driver may pick up and deliver the load here, while the trip itself is one leg of a shipment from another state or country. After a crash, knowing how that shipment was arranged can help determine which safety rules applied, including how long the driver could legally drive.
Say an 18-wheeler picks up a container at the Port of Houston and delivers it to Dallas. If Dallas was the intended destination when the shipper sent the container from overseas, the Houston-to-Dallas leg can be part of interstate commerce. A load picked up in Houston for a separate Texas-only shipment to Dallas can be intrastate. Both drivers could take the same route on I-45.
The FMCSA’s guidance on interstate and intrastate commerce looks at what the shipper intended when the shipment began and the facts surrounding the movement of the freight.
I start with the load the driver was hauling when the crash happened. A bill of lading can identify the shipper and the destination. Dispatch instructions can show what the driver was told to pick up and where to take it. Delivery and warehouse records can help trace whether the freight was already headed to a particular customer or was later assigned to a separate shipment.
The USDOT number on the cab gives me a way to identify the carrier and check its registration. TxDMV’s registration guidance explains that Texas-only carriers can have a USDOT number too. The shipping records help answer the question about the trip itself.
Texas adopts many federal trucking safety rules and makes exceptions for some intrastate operations. Here are the general limits for covered drivers hauling property. Exceptions can apply, so the driver’s schedule and the type of operation matter.
| Rule | Federal interstate | Texas intrastate |
| Time off before driving | 10 consecutive hours | 8 consecutive hours |
| Maximum driving time | 11 hours | 12 hours |
| When driving must stop | At the end of the 14th consecutive hour after coming on duty | After 15 hours on duty |
| 30-minute break | Required before driving beyond 8 cumulative driving hours without a qualifying break | No separate 30-minute break under the general Texas rule |
See the FMCSA hours-of-service summary and 37 Texas Administrative Code § 4.12. For more on checking a driver’s hours against the evidence, see our Texas truck driver fatigue guide.
The type of operation can affect the minimum financial responsibility rules. The amount available in a particular case depends on the policies and endorsements that apply. I check the actual policy and filings before drawing conclusions about what insurance may be available.
The federal MCS-90 endorsement can require an insurer to pay a qualifying final judgment against the motor carrier named in the endorsement, subject to its terms and limits. Whether it applies takes a review of the facts and the documents. See our guide to truck liability coverage for more on the insurance issues that can come up after a wreck.
If you or a family member was hurt in a Texas truck crash, start with whatever you have, such as the crash report or a photo of the truck. My firm can look into the carrier, the trip and the records that may help explain what happened. Request a free case review or call (281) 893-0760.
Our truck accident attorneys handle cases across Texas. Some highways are high risk– we have exceptional expertise in truck wrecks- some dangerous areas include:
Call (281) 893-0760 or Toll Free 1-866-758-4529
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