FMCSA regulations are important to Texas drivers involved in DUI crashes.

Texas – October 28, 2022

The Federal Motor Carrier Safety Administration (FMCSA) has a safety compliance and enforcement program that holds motor carriers and drivers accountable for their safety on U.S. roadways. There is a Safety Measurement System (SMS) within FMCSA to identify unsafe carriers that should receive interventions and this information can be accessed by FMCSA, law enforcement, and motor carriers to see a comprehensive profile of those safety issues. According to the National Highway Traffic and Safety Administration, heavy vehicles including trucks account for 4,000 fatalities and over 400,000 crashes every year sometimes involving DUI negligence. A truck accident attorney can assist victims of harmful losses with insurance claims and wrongful death lawsuits after a fatal tractor trailer accident near Tyler Texas.

Commercial trucks.

The size and weight of a commercial truck, and the specific cargo loads they carry increase risks to other drivers. Significant property damage and bodily injury often result when crashes occur involving commercial motor vehicles (CMV).  Federal and state-imposed restrictions based on size and weight categories, roadway use based on safety concerns over specific cargo loads, and stringent rules for operators carrying commercial driver’s licenses (CDL) are important to reduce catastrophic crashes in Texas.

Crash responsibility.

DUI accident lawyers are skilled at identifying all parties to an accident claim, and reckless actions taken by a commercial truck driver will impact insurance and legal claims.  Additionally, trucking companies, mechanics, or manufacturers of a truck and/or parts may be responsible depending upon driver screening. They can utilize trucking industry laws to determine the best legal approach, such as mediation, arbitration or going to trial.  In a multi-vehicle accident, the other driver’s testimony may identify the need to include multiple parties in the lawsuit toward damage recovery.

Accident insurance.

Texas is a “fault state” and the responsible party will have to compensate the other party involved in the accident. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is more than 51% responsible for the accident, there will be no recoverable compensation.   A Texas accident lawyer should be able to assist with any forthcoming actions to recover compensation for medical treatment and other harmful losses after a commercial vehicle injures another.

Seek legal counsel.

Texas accident attorneys can offer families and loved one’s relief by offering valuable professional resources to support catastrophic injury and wrongful death lawsuits involving commercial motor vehicles.  Skilled attorneys at the Cooper Law Firm can file a legal action for damages, or insurance claims to request immediate expenses to pay for funeral and burial arrangements and to address long term fiscal concerns of surviving family members in the case of wrongful death.

Cooper Law Firm

Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

1. https://www.nhtsa.gov/research-data/crash-avoidance
2. https://csa.fmcsa.dot.gov/HelpCenter/GetFAQById/1521
3. https://www.tdi.texas.gov/consumer/auto-insurance.html
4. https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051