Houston Personal Injury Attorneys – Smith & Hassler

Why Preserving Evidence After a Truck Accident May Get More Difficult

The Federal Motor Carrier Safety Administration (FMCSA) has recently proposed a sweeping set of 18 rule changes that could significantly impact how the trucking industry operates – and how truck accidents are investigated. These changes affect nearly every aspect of commercial motor vehicle regulation, from how inspections are conducted to the reporting requirements for carriers.

For injury victims and their families, these updates matter. When a serious crash involves an 18-wheeler or other commercial truck, the investigation that follows can make or break how much money you receive for your accident-related expenses, which can add up fast after a serious truck accident.

What are the proposed FMCSA rule changes?

In May 2024, the FMCSA announced its initial request for public comment on 18 proposed changes to its current safety regulations. This May, the FMCSA published 18 proposed changes, which the public can comment on for 60 days, according to FreightWaves.

The proposed changes are part of the agency’s “Zero-Based Regulation” (ZBR) initiative, which aims to evaluate and streamline federal trucking rules. Some of the noteworthy proposals include:

• Removal of self-reporting requirement since violations are automatically reported electronically between state agencies.
• Expand military exemption for commercial driver’s license (CDL) training requirements.
• Revising inspection, repair, and maintenance recordkeeping requirements
• Modify what constitutes “medical treatment” after an accident. Specifically, X-rays and other imaging scans would not be considered medical treatment, as they’re used solely to diagnose whether an injury has occurred.
• Stop requiring trucking companies to send federal truck inspection reports to state agencies.
• Update requirements for maintaining driver qualification files.
• Adjust the rules governing hours-of-service (HOS) exemptions.
• Modify vehicle marking requirements.
• Review the current definition of a “commercial motor vehicle.”

While the FMCSA describes these potential changes as administrative improvements, the ripple effects could be significant. Investigators, attorneys, and injury victims rely on existing FMCSA regulations to uncover violations that may have contributed to a crash. Any proposed changes could influence how commercial truck accidents are investigated in the future.

Why FMCSA regulations matter in truck accident cases

Truck accident investigations often involve more than just police reports and witness statements. In serious cases – especially those involving catastrophic or fatal truck crashes – the National Transportation Safety Board (NTSB) may conduct its own independent investigation.

In such cases, evidence related to the truck accident often serves as the cornerstone of any truck accident claim or lawsuit. Key evidence that could be influenced by the proposed FMCSA rule changes includes:

• Driver logs and hours-of-service records – Used to determine whether the driver was operating under fatigue or in violation of rest requirements.
• Vehicle maintenance and inspection records – Can reveal whether the trucking company failed to keep the truck in a safe operating condition.
• Driver qualification files – May show that a driver had a history of violations or was not properly trained.
• Drug and alcohol testing records – Required by federal law in many situations, and can reveal safety risks.
• Electronic Logging Device (ELD) data – Used to verify driving time, speed, and other key metrics.

If these records become harder to obtain, less detailed, or no longer required due to regulatory changes, accident victims may face additional hurdles to proving negligence, which is key when building a case against a truck driver, trucking company, or another at-fault party.

How could these rule changes impact crash victims in Texas?

Texas consistently ranks among the states with the highest number of fatal truck accidents. In fact, it’s often the state with the highest number of truck accident fatalities in a single year, according to the National Safety Council (NSC).

Specifically, there were 26,312 commercial vehicle crashes in the Lone Star State in 2023, according to the Texas Department of Transportation (TxDOT). Many of these truck accidents occurred on major highways like I-10, I-45, and I-69. In Harris County alone, more than 5,000 commercial vehicle crashes were recorded last year.

As a result, any proposed changes to FMCSA regulations governing the commercial trucking industry could have a major impact on a wide range of truck injury cases. If trucking companies face fewer reporting requirements, for example, they may be able to withhold key evidence, such as maintenance logs or driver history, that could otherwise be used to prove liability.

It could also make it harder to demonstrate patterns of noncompliance. For instance, if the FMCSA loosens documentation requirements for inspections, a company with a long history of poor maintenance may not face accountability unless more stringent state-level regulations apply.

What Are the Most Common FMCSA Violations Associated With Truck Accidents?

Even before the proposed FMCSA rule changes, certain violations have consistently contributed to serious and fatal truck crashes across Texas and the United States. These infractions often point to systemic safety issues within trucking companies and may become more challenging to detect if reporting requirements are relaxed.

According to the Federal Motor Carrier Safety Administration (FMCSA), the most frequently cited violations during roadside inspections include:

• Hours-of-Service (HOS) Violations: Truck drivers are subject to strict limits on driving hours to prevent fatigue-related accidents. Violations such as exceeding allowable driving hours or failing to maintain accurate logbooks are common. In 2021, “False Report of Driver’s Record of Duty Status” and “No Record of Duty Status (ELD Required)” were among the top five violations cited by FMCSA.
• Vehicle Maintenance Failures: Proper maintenance is crucial for safe operation. Common issues include inoperative lamps, brake system defects, and tire problems. The FMCSA reported that “Inoperable Required Lamp” and “Clamp/roto-chamber type brake(s) out of adjustment” were among the most cited vehicle violations.
• Improper Driver Qualifications: Operating a commercial motor vehicle (CMV) without the proper commercial driver’s license (CDL) or endorsements is a serious violation. “Operating a CMV Without a CDL” was one of the top five violations in 2021.
• Cargo Securement Issues: Failing to properly secure cargo can lead to load shifts, increasing the risk of rollovers or loss of control. While specific statistics on cargo securement violations are less prominent, they remain a critical safety concern.
• Distracted or Impaired Driving: FMCSA regulations prohibit the use of hand-held mobile devices while operating a CMV and mandate drug and alcohol testing. Violations in these areas can significantly increase crash risks and are very common, according to the FMCSA.

What happens next with the FMCSA proposals?

The FMCSA’s proposed rule changes are still in the early stages of development. The agency is collecting feedback from the public, safety advocates, and the trucking industry as part of the rulemaking process. After reviewing comments, the FMCSA may revise or withdraw some proposals before finalizing new regulations.

Still, these proposals offer insight into how federal oversight of the trucking industry could evolve in the coming years – and why legal representation is more important than ever after a serious truck accident.

Learn how a Houston truck accident lawyer can fight for you

Commercial truck accidents are not ordinary crashes. They often involve complex federal rules, high-stakes insurance policies, and powerful corporate defendants. If you’re injured in a crash involving an 18-wheeler, a delivery truck, or a commercial fleet vehicle, it’s critical to speak with a law firm that knows how to investigate and build strong cases under Texas and federal law.

At Smith & Hassler, our attorneys have been fighting for crash victims in Houston for over 30 years. We understand how FMCSA regulations apply to your case, and we know how to hold negligent trucking companies accountable. That’s why we consistently obtain settlements and verdicts for clients, including $1.38 million in one truck accident case.

Contact us for a free consultation to learn more about your legal options. We’re here to listen and to help you demand the justice and compensation you deserve.

“I was rear-ended by a tractor-trailer while waiting for traffic to clear up on a busy highway and woke up seven days later in a hospital with multiple fractures. Someone from my family had contacted Smith & Hassler while I lay unconscious. It was a very wise decision. To anyone who finds themselves in a similar situation, they are the go-to guys.” – Benji S., ⭐⭐⭐⭐⭐

Distracted truck drivers aren’t just putting themselves at risk—they’re putting all of Houston in danger. When a fully loaded 80,000-pound big rig barrels down I-10 or Highway 59 and the driver is looking at a screen instead of the road, the results can be catastrophic. And according to a new industry report, it’s happening more often than most people think.

A 2025 survey from Teletrac Navman found that 70% of commercial fleets have been impacted by distracted driving incidents, with cell phone use cited as the top cause by 68% of businesses. These aren’t just close calls—they’re serious truck accidents causing real injuries, real financial losses, and real lives forever changed.

So what does this mean for Texas drivers, especially here in Houston—one of the most dangerous metro areas in the country? And how can victims hold trucking companies accountable when their drivers cause devastating wrecks because of distraction?

Let’s break it down.

Cell Phones Are Driving Up the Danger on Texas Roads

Distracted driving isn’t new. But what’s changed is the intensity of the problem inside the trucking industry.

Fleet operators who took part in the Teletrac Navman study said cell phone use is now the leading cause of distracted driving incidents. That means truck drivers are actively texting, swiping, watching videos, or using apps behind the wheel of vehicles that can crush a passenger car in seconds.

Some of the reported business consequences of distracted driving included:

• 49% said it caused direct financial losses
• 40% cited operational disruptions
• 28% faced compliance violations
• 25% suffered reputational damage

These numbers aren’t just bad for business—they reflect what’s happening out on real roads, where Houston drivers are paying the price for trucking company negligence.

Why Truck Drivers Are Still Using Phones on the Job

Despite strict federal regulations banning handheld cell phone use for commercial drivers, many truckers still engage in risky behavior. Why?

Here are a few common reasons:

• Pressure from employers to meet tight delivery schedules
• Lack of enforcement or monitoring by the company
• Driver fatigue or boredom during long hauls
• Overconfidence in their ability to multitask safely

Some trucking companies claim they train their drivers, but the Teletrac Navman survey shows that training alone isn’t always enough. The most effective programs combine telemetry tools, forward-facing cameras, and in-cab monitoring—but not every fleet invests in that kind of safety technology.

And even when they do, those tools are only useful if the data is actually reviewed and acted on.

What Happens When a Distracted Truck Driver Causes a Crash?

When a trucker is distracted and causes a wreck, the consequences can be devastating:

• Rear-end crashes that crush smaller vehicles
• Rollover accidents on interstates or highways
• Jackknife collisions in poor weather or traffic
• Fatal wrecks involving other drivers, pedestrians, or motorcyclists

Unfortunately, many victims don’t realize that the trucking company may be legally responsible—not just the individual driver.

Under Texas law, victims can often pursue a claim against:

• The trucking company, for negligent hiring or lack of supervision
• The driver, for failing to follow federal and state rules
• A third-party contractor, such as a dispatch service that encouraged unsafe scheduling

Distracted driving isn’t just careless—it’s negligent. And when a trucking company puts a driver on the road who isn’t fully focused, they may be liable for every injury, lost income, or wrongful death that results.

Proving Cell Phone Use in a Truck Accident Case

Trucking companies don’t usually admit their drivers were texting or using apps. In fact, they’ll do everything possible to avoid blame.

That’s why it takes an aggressive investigation to prove what really happened. At Smith & Hassler, our Houston truck accident lawyers know how to build a distracted driving case using:

• Phone records from the truck driver’s carrier
• Black box (EDR) data from the commercial vehicle
• Dashcam footage or forward-facing video
• Telematics reports showing sudden braking or erratic driving
• Eyewitness statements about driver behavior before the crash

By connecting the dots between phone use and the timing of the accident, our attorneys can help show how distraction directly caused the wreck—and why victims deserve full compensation.

Smith & Hassler Holds Trucking Companies Accountable

In a city like Houston—where truck traffic never stops and serious collisions happen every day—there’s no room for distracted driving behind the wheel of a big rig. If you’ve been hit by a truck driver who wasn’t paying attention, you need a law firm that knows how to fight back.

At Smith & Hassler, we’ve been standing up for injured Texans for more than 30 years. Our team has recovered over $1 billion for victims across Houston and throughout Texas. We understand how truck accident cases work—and we know what it takes to get results when trucking companies try to deny, delay, or shift the blame.

From the moment you call us, we’ll get to work:

• Investigating the crash and preserving key evidence
• Taking on the insurance company and pushing back against lowball offers
• Preparing every case as if it’s going to trial—because that’s what moves the needle

We don’t back down. And we don’t settle for less than what our clients deserve.

Talk to a Houston Truck Accident Lawyer Who Knows How to Win

If you were injured—or if you lost someone you love—because a truck driver was distracted by a cell phone, don’t try to handle the case on your own. The trucking company has lawyers on its side. You should too.

Give us a call or contact us online today to schedule a free consultation. There’s no cost to talk with us, and you don’t owe us anything unless we win.

“Al Hassler is a fantastic lawyer. He educated me so much on what I was entitled to and provided great guidance, advice, and support. I am extremely happy with my settlement. I highly recommend this law firm. Very trustworthy and excellent service.” — Danae Q., ⭐⭐⭐⭐⭐

March is Brain Injury Awareness Month, a time to reflect on the devastating impact of traumatic brain injuries (TBIs) and the challenges survivors face. For those injured in semi-truck accidents, the consequences can be life-altering. These massive vehicles cause high-impact collisions, which leave victims with severe head trauma that can affect them for the rest of their lives.

Unlike a minor fender bender, a tractor-trailer wreck can lead to permanent brain damage that changes a person’s ability to work, engage in relationships, and complete daily tasks. If you or a loved one suffered a TBI in a Texas truck accident, here’s what you should know about the long-term effects and the potential legal options available to you.

Why are semi-truck collisions more dangerous than other crashes?

A fully loaded semi-truck can weigh up to 80,000 pounds, making any crash with a smaller vehicle catastrophic. Unlike standard car accidents, semi-truck crashes result in a higher rate of TBIs due to:

• Severe force of impact: The weight and speed of an 18-wheeler create an enormous amount of energy transfer, which can lead to serious head trauma.
• Vehicle rollovers and crushing accidents: Passenger cars often suffer the brunt of the damage, which exposes occupants to direct head injuries.
• Height difference: A truck’s height can result in a direct impact on a car’s windshield or roof.
• Flying debris: When a semi-truck jackknifes or overturns, metal fragments, shattered glass, and cargo can hit a victim’s head, which can cause penetrating injuries.

How truck accidents cause traumatic brain injuries

A TBI from a truck accident can occur in several ways, including:

• Direct impact trauma: The head strikes the dashboard, window, or steering wheel, causing contusions or skull fractures.
• Concussions: Often dismissed as minor, concussions can cause memory problems, confusion, and chronic headaches. Repeated concussions can lead to permanent cognitive issues.
• Contusions: Bruising on the brain can cause swelling and pressure, sometimes requiring surgical removal.
• Hematomas: Blood clots inside the brain can increase pressure and lead to life-threatening complications.
• Skull fractures: A break in the skull increases the risk of infection and long-term neurological damage.
• Coup-contrecoup injuries: The force of the collision causes the brain to bounce against the skull, which often leads to bruising, swelling, and nerve damage.
• Diffuse axonal injuries (DAIs): High-speed truck crashes can tear nerve fibers in the brain, which often causes permanent neurological impairment.
• Penetrating injuries: Glass, debris, or shattered metal can pierce the skull, which can result in severe and permanent brain damage.

Symptoms, long-term effects of a TBI

Brain injury symptoms can appear within minutes, hours, or even days after an accident. Even if symptoms seem mild at first, a TBI can worsen over time, making early medical intervention essential. Common immediate signs include:

• Severe headaches and dizziness
• Memory loss or difficulty concentrating
• Slurred speech or confusion
• Sensitivity to light and sound
• Loss of consciousness (in severe cases)
• Sudden personality changes, aggression, or depression

For many truck accident victims, a traumatic brain injury is not just a temporary setback; it’s a lifelong struggle. Unlike many injuries that heal over time, TBIs can leave lasting physical, emotional, and cognitive impairments. The long-term effects can include:

Cognitive decline makes daily life harder

Memory loss, trouble focusing, and difficulty processing information are common challenges for TBI survivors. Simple tasks, such as following a conversation or remembering important details, become frustrating. Many victims experience impaired judgment, which makes it harder to manage responsibilities, work, or live independently.

Chronic pain can be debilitating

Head injuries often come with persistent migraines, headaches, and neck pain. These symptoms can linger for years. This can make it difficult for victims to concentrate, sleep, or engage in physical activities. Pain management becomes a part of daily life and often requires ongoing medical treatment.

Emotional and behavioral changes impact relationships

TBIs affect more than just the brain; they change how people feel and react. Many survivors suffer from anxiety, depression, PTSD, mood swings, and irritability, which often impact relationships with family and friends. Additionally, mood changes can lead to social withdrawal and isolation.

Loss of independence takes a toll

For some, a TBI means losing the ability to drive, work, or handle daily responsibilities. Simple tasks, like cooking, grocery shopping, or managing finances, may require assistance. Many victims rely on caregivers, which can strain relationships and create financial hardship.

Seizures and epilepsy remain a long-term risk

One of the most serious complications of a TBI is the increased risk of seizures or post-traumatic epilepsy. Even years after the injury, some victims develop seizure disorders and require lifelong medication and medical supervision.

How a Houston brain injury attorney can help after a truck accident

If a reckless or negligent truck driver was responsible for the accident that caused your brain injury, you have the right to seek compensation for your losses. Unfortunately, insurance companies often dispute brain injury claims, which can make it difficult to get the medical care and financial support you need. The Houston brain injury lawyers at Smith & Hassler won’t let the insurance companies take advantage of your situation.

For over 30 years, we have helped injury victims just like you recover the compensation they deserve. That includes $1.38 million for two clients who suffered brain injuries in a truck accident. We know that TBIs are serious and life-altering, and we build strong cases to prove it by gathering medical records, accident reports, and expert testimony to hold negligent drivers accountable.

At Smith & Hassler, we offer legal representation on a contingency fee basis, which means you don’t pay anything unless we win your case. Plus, we offer free consultations to discuss your options and answer any questions. If you can’t make it to our office, we’ll come to you, whether at home, in the hospital, or wherever is easiest for you.

To get started, contact us today to schedule your free case consultation and take the first step toward justice and recovery.

“I’m so thankful that I chose Smith and Hassler to represent me in my auto collision case. I would recommend them to anyone who found themselves in a similar situation as myself.” – D.O., ⭐⭐⭐⭐⭐

Protecting Your Rights After a Houston Truck Accident

After a serious truck accident, the trucking company’s insurance provider may try to shift the blame onto you – even if the crash was clearly caused by the truck driver. Why? Because trucking companies and their insurers have a lot to lose in these cases, and they’ll do whatever they can to reduce or deny your claim.

At Smith & Hassler, our Houston truck accident lawyers have seen these tactics before, and we know how to fight back. If you’ve been injured in a Texas truck wreck, don’t let the insurance company twist the facts. Understanding their strategies and taking the right steps can make all the difference in your case.

Common Insurance Company Tactics After a Truck Accident

Insurance companies know that truck accident claims can lead to substantial payouts, which is why they often use aggressive tactics to reduce or deny claims. If you’re not prepared, you could end up with far less than you deserve. Here are some of the most common strategies they use:

• Blaming you for the crash – The insurance company may argue that you were speeding, distracted, or failed to yield, even if the truck driver was clearly at fault. Texas follows a modified comparative negligence rule, meaning if they can pin at least 51% of the blame on you, they can deny your claim completely.
• Using your statements against you – Adjusters may seem friendly, but they’re trained to get you to say something they can twist to minimize your claim. Even a simple “I’m feeling better” could be used to argue that your injuries aren’t severe.
• Delaying the claims process – Insurers know that accident victims often face mounting medical bills and financial pressure. By dragging out your claim, they hope you’ll accept a lowball offer just to get some relief.
• Disputing medical treatment – If you wait too long to see a doctor or don’t follow your prescribed treatment plan, the insurance company may argue that your injuries aren’t as bad as you claim.
• Hiding or destroying evidence – Trucking companies have critical evidence like black box data, maintenance records, and driver logs that could prove their liability. Without immediate legal action, this evidence could conveniently “disappear.”

Insurance companies have one goal – paying you as little as possible. But you don’t have to accept their tactics. By knowing their playbook and taking the right steps, you can protect your rights, preserve key evidence, and build a strong case for the compensation you deserve.

Steps to Protect Yourself After a Texas Truck Accident

When an insurance company tries to shift blame, taking immediate action can make all the difference in proving the truth and securing fair compensation. Here’s what you need to do:

1. Stick to the facts

Be cautious about what you say to the insurance company. Stick to the facts of the crash and avoid giving recorded statements without legal guidance. Even a simple phrase like “I’m sorry” can be twisted into an admission of fault.

2. Gather and preserve evidence

The more evidence you have, the harder it is for an insurer to dispute your claim. Key evidence includes:

• Police reports that document what happened.
• Photos and videos from the crash scene.
• Witness statements supporting your version of events.
• Black box data and maintenance records from the truck.

3. Follow your doctor’s orders

Insurance companies may claim you’re not seriously injured if you skip medical appointments or delay treatment. Follow your doctor’s instructions, attend all recommended treatments, and document your recovery.

4. Don’t accept a quick settlement

Insurers often offer lowball settlements before the full extent of your injuries is known. If you accept too soon, you could end up covering future medical costs out of pocket. Never agree to a settlement without reviewing it with an attorney.

5. Get a truck accident lawyer on your side

Insurance companies have teams of adjusters and lawyers working to protect their bottom line. Having an experienced truck accident lawyer levels the playing field and ensures your rights are protected every step of the way.

By taking these steps, you strengthen your claim and put yourself in the best position to recover full and fair compensation.

Why Having the Right Lawyer Makes a Difference

When an insurance company tries to shift blame, having a skilled truck accident attorney can be the difference between a denied claim and full compensation. Here’s why legal representation matters:

Investigating the crash

Truck accidents involve complex evidence that insurance companies won’t willingly hand over. A lawyer can:

• Obtain black box data that records the truck’s speed and braking.
• Analyze driver logs for violations of federal trucking regulations.
• Secure surveillance footage and accident scene photos before they disappear.

Challenging insurance company tactics

Adjusters may twist your words or pressure you into accepting less than you deserve. Your lawyer will:

• Handle all communications with the insurance company.
• Counter unfair accusations of fault.
• Push back against lowball settlement offers.

Maximizing your compensation

A truck accident can leave you with serious injuries, medical bills, lost wages, and long-term suffering. An attorney fights to ensure you receive compensation for:

• Current and future medical expenses.
• Lost income and reduced earning capacity.
• Pain and suffering, emotional distress, and diminished quality of life.

Taking the case to court if necessary

If the insurance company refuses to offer a fair settlement, a truck accident lawyer with trial experience can take the case to court. The threat of a lawsuit alone often pressures insurers into offering a higher settlement.

With a dedicated legal team on your side, you don’t have to fight insurance companies alone. You deserve justice, and the right truck accident attorney will make sure you get it.

Our Houston Truck Accident Lawyers Can Protect Your Rights

If an insurance company is trying to blame you for a truck accident, don’t let them take advantage of you. Their goal is to minimize their payout – but you have the right to fight back. At Smith & Hassler, we know the games they play, and we won’t let them get away with it.

Our Houston truck accident attorneys have built a reputation for holding trucking companies and insurers accountable. With decades of experience and a track record of securing major settlements and verdicts, we have what it takes to win.

Don’t wait. The sooner we start building your case, the stronger it will be. Contact us today for a free consultation, and let us help you find your way forward after a truck accident.

“Our son was in a wreck, and we needed help knowing how to move forward. Al Hassler at Smith & Hassler was wonderful helping us know how to proceed in working with the insurance company and the other party. He alerted us to important details we did not know about and calmed fears. We felt so much confidence in the guidance we got from Mr. Hassler and Smith & Hassler.” — H.D., ⭐⭐⭐⭐⭐

Semi-trucks are the backbone of America’s supply chain; they move goods across thousands of miles daily. However, their massive size and weight make them dangerous when operators disregard safety rules. Truck drivers and trucking companies carry a heavy responsibility to follow safety laws and best practices. When they fail, the consequences can be devastating for everyone on the road. That includes the risk of serious and potentially fatal truck accidents.

In 2024, state and local enforcement agencies revealed some of the most outrageous trucking violations. These violations are examples of the risks of cutting corners and the lives at stake when truck drivers and their employers ignore safety laws.

What are some of the most shocking truck inspection fails of 2024?

In California, the California Highway Patrol (CHP) uncovered shocking safety violations throughout the year, including:

• A truck rolling on its rim: In December, CHP stopped a truck driving without a tire, leaving the rim grinding against the pavement. Surprisingly, the driver remained unaware until reaching a CHP facility. This incident could have led to catastrophic failure or loss of control.
• Speeding above the limit: CHP also cited a driver speeding far above California’s 55 mph limit for large trucks. This excessive speed reduces a truck’s ability to stop quickly and increases the risk of a roadway catastrophe.

In Iowa, the Iowa State Patrol (ISP) also encountered shocking violations that demonstrate the trucking industry’s safety challenges:

• Tires pointing in different directions: Officers stopped a truck with tires not only flat but also misaligned, pointing in opposite directions. The trailer lights didn’t work either. The driver, shockingly, had no idea of the dangers they posed.
• Broken trailer frame: One truck’s uneven stance revealed a snapped trailer frame. Despite the visible defect, the driver continued operating the vehicle.
• Driving after a low-bridge strike: Another driver hit a low bridge, causing severe trailer damage. However, he kept going as though nothing had happened, which could have caused debris to fall onto the road.
• Drunk driving: In one of the most outrageous incidents, the ISP stopped a commercial driver drinking hard liquor behind the wheel. The driver’s blood alcohol content level was nearly five times the legal limit for commercial vehicles.
• Unregistered truck with oversized freight: ISP officers also stopped a truck carrying oversized freight without permits, insurance, or registration. The vehicle had not been registered in 16 years and showed clear signs of neglect.

What safety obligations do truck drivers and trucking companies have?

Truck drivers and their employers must comply with strict state and federal safety regulations. These rules exist to prevent truck accidents that can have life-altering consequences. Here’s what responsible operators must do to ensure highway safety:

1. Limit driving hours to prevent fatigue

Fatigue remains one of the leading causes of truck accidents. Federal Hours of Service (HOS) rules are in place to reduce this risk by limiting how long drivers can stay on the road. Truck drivers must take at least 10 consecutive off-duty hours before starting a shift. They can’t drive more than 11 hours within a 14-hour work window. After eight hours of driving, they must take a 30-minute break. When trucking companies push unrealistic delivery schedules, drivers may feel pressured to ignore these rules, which only increases the risk of deadly fatigue-related crashes.

2. Inspect vehicles before and after trips

Pre-trip and post-trip inspections help catch mechanical issues before they cause problems on the road. The Federal Motor Carrier Safety Administration (FMCSA) requires drivers to inspect brakes, tires, lights, and other key components. Skipping inspections or ignoring reported issues can lead to catastrophic equipment failures.

Daily inspections must check for:

• Tire pressure and tread wear
• Brake functionality
• Working headlights, turn signals, and reflectors
• Secure trailer connections

3. Maintain accurate records and perform timely repairs

Trucking companies must maintain their fleets to prevent mechanical breakdowns. Neglecting repairs to save money risks tire blowouts, brake failures, and other preventable hazards. Proper maintenance ensures vehicles remain roadworthy and compliant. FMCSA guidelines require companies to:

• Schedule regular maintenance
• Log repairs and inspections accurately
• Immediately address flagged issues

4. Secure cargo correctly

Improperly loaded cargo can shift during transit. This can lead to rollovers, jackknifes, or debris spills. Federal regulations require freight to be evenly distributed and secured using appropriate straps or chains. Overloading a truck or failing to secure cargo increases the likelihood of instability, especially during sudden maneuvers or sharp turns. These avoidable mistakes often result in truck accidents involving multiple vehicles.

5. Hire and train qualified drivers

Operating an 80,000-pound semi-truck demands specialized training and certification. Hiring untrained or unqualified drivers introduces unnecessary risks. Ongoing training also helps experienced drivers stay up-to-date on safety practices. To meet this requirement, trucking companies must ensure drivers:

• Obtain a valid Commercial Driver’s License (CDL).
• Complete training programs covering road safety and vehicle operation.
• Pass physical fitness exams to confirm they’re fit for long-haul trips.

6. Monitor and address unsafe driver behavior

Trucking companies must actively monitor their drivers for risky behaviors, such as speeding, hard braking, or distracted driving. Telematics systems can flag these issues in real-time. This gives companies a chance to correct unsafe habits before they result in serious collisions.

Hurt in a Texas truck accident? Our Houston lawyers are here to help

When truck drivers or trucking companies ignore safety regulations, the consequences can be severe. Victims can end up with devastating injuries, costly medical bills, and uncertainty about the future. If you’ve been injured in a Texas truck accident, the Houston attorneys at Smith & Hassler are here to fight for the compensation you deserve. Some of our most notable truck accident case results include:

• $1.38 million for two clients involved in an 18-wheeler collision, both suffering mild traumatic brain injuries, with one also sustaining multiple fractured bones.
• $175,000 for a client who suffered a back injury in a crash with a large truck.
• $137,000 for a client who suffered a herniated lumbar disc after being rear-ended by a big rig.

Our law firm can provide dedicated legal support by listening to your story, thoroughly investigating your case to uncover negligence, and dealing with insurance companies while you focus on recovery. We understand the financial challenges a truck accident brings, so we work on a contingency fee basis—you pay nothing unless we win your case.

Start with a free, no-obligation consultation where we’ll review your case, discuss your options, and answer your questions. Don’t wait — contact us today to take the first step toward the justice you deserve.

“Smith and Hassler represented us in an injury case. They secured a settlement for us that was bigger than we ever thought possible.” – NG, ⭐⭐⭐⭐⭐

Could semi-truck speed limiters help prevent commercial truck wrecks?

Federal officials are considering requiring commercial trucks to be equipped with a device that limits how fast semi-trucks can travel in an effort to prevent speed-related truck accidents, according to a recent proposal from the Federal Motor Carrier Safety Administration (FMCSA).

“The Federal Motor Carrier Safety Administration now expects to publish its supplemental notice of proposed rulemaking (SNPRM) on a motor carrier-based speed limiter mandate in May of this year, according to an updated Significant Rulemaking Report from the Department of Transportation,” reports CCJ Digital, a commercial truck news website.

What is the proposed FMCSA speed limiter mandate?

Since 2022, the FMCSA has been considering requiring commercial trucks that weigh more than 26,001 pounds (which would include most tractor-trailers) to be equipped with a speed-limiting device called an electronic engine control unit (ECU), according to an article published by CDL Life. The new FMCSA rules governing commercial truck speed-limiting devices are slated to be published in May 2024.

The FMCSA has not said what the maximum speed limit would be, if any, for the speed-limiting devices on commercial trucks. However, in September 2023, the FMCSA published a report that listed the maximum speed limit as 68 mph. However, the FMCSA then backtracked to remove a specific speed, CCJ Digital reports.

Many commercial truck drivers strongly oppose installing speed-limiting devices on trucks. “By limiting all trucks it will not improve safety in any meaningful way. In fact, it will most likely have the opposite effect by creating long lines of trucks on the roadways with no easy way to pass,” said one truck driver, according to some of the public comments published by CDL Life.

How common are speed-related tractor-trailer wrecks?

While some commercial truck drivers oppose the FMCSA proposal to install speed limiters on commercial trucks, it’s important to understand how common high-speed accidents involving commercial trucks are across the nation and how such crashes frequently cause severe injuries and death.

According to FMCSA data, speeding is the number one cause of fatal accidents involving large commercial trucks. Specifically, roughly 7 percent of all fatal motor vehicle accidents involving large commercial trucks were due to speeding truck drivers.

Other proposed rule changes

Requiring all large commercial trucks to be equipped with speed-limiting devices isn’t the only proposed rule change being considered by the FMCSA. Other proposed changes to rules governing commercial truck drivers include:

• Requiring commercial trucks to be equipped with automatic emergency braking (AEB) systems, according to CCJ Digital.
• Revising the knowledge test for new commercial truck drivers.
• Changing the FMCSA fitness rules governing commercial truck drivers, which is known in the trucking industry as the FMCSA’s “safety fitness determination” rule, according to CCJ Digital.

Holding negligent truckers accountable

Holding negligent truckers and trucking companies accountable for their actions is essential to ensuring justice for victims of commercial truck accidents. While it may seem straightforward that the at-fault party should cover all accident-related expenses, the reality is often different.

In Texas, where the at-fault car insurance system is in place, many truck accident claims don’t unfold smoothly. Despite being entitled to compensation, injury victims frequently encounter challenges in obtaining the full extent of their rightful compensation. That’s because the stakes are often high in commercial truck accident claims and lawsuits. As such, truck drivers, trucking companies, and their insurance representatives often employ tactics aimed at minimizing or even denying compensation altogether.

At Smith & Hassler, our team of Houston truck accident lawyers understands the injustices that victims face in these situations. We firmly believe that individuals harmed in accidents caused by commercial truck drivers deserve fair and full compensation for their losses. You shouldn’t bear the financial burden of someone else’s mistakes, and we’re here to fight for your rights and pursue the compensation you deserve.

Get the Houston, TX law firm that means business. Contact us and schedule a free case evaluation with a truck accident attorney you can count on in a crisis. We have four offices conveniently located throughout Texas, including three offices in Houston. Our truck accident lawyers also work on a contingency fee basis, which means you pay no fees unless we win your case. Schedule a free case review today to learn more.

Since the beginning of the COVID-19 pandemic, our daily lives have changed dramatically, including our interactions with others, how we work and how we shop. Believe it or not, the pandemic has had some impact on road safety and may be contributing to an increase in large commercial and delivery truck accidents.

Here are five reasons why this may have led to an increase in truck accidents.

1. Drivers are untrained or have poor driving habits

Large online retail companies, such as Amazon, need to hire more drivers in order to keep up with the increased demand. This could lead to companies hiring anyone they can get, including drivers who lack experience and/or a proper Commercial Driver’s License (CDL).

Operating a large commercial truck or delivery truck requires skill. Drivers who don’t know what they’re doing are at a greater risk of causing crashes than those who do.

2. Drivers are overworked

Delivery drivers could be making about 200 stops and delivering up to 300 packages per day. When drivers are in a hurry or overworked, they may be more likely to bypass traffic rules or make careless mistakes behind the wheel.

Not only can this lead to crashes with other vehicles, but it can also lead to drivers hitting pedestrians or bicyclists when making deliveries in residential neighborhoods.

3. Shortage of company trucks and overloaded cargo

Online retail companies, such as Amazon, may not have enough company trucks to keep up with the increased demand. As a result, some employees may use personal vehicles, budget box trucks, or U-Haul vans to make deliveries.

Many of these vehicles could lack proper maintenance and may not be safe to operate. All it takes is a loose wheel, tire blowout or brake failure to cause a serious catastrophe.

4. Increased demand due to next-day deliveries

Not only are deliveries surging, but there is also an increased demand for next-day deliveries. This places a constant need for speed and efficiency on drivers to make deliveries within a short amount of time.

This can lead to fatigue, increased stress, speeding, aggressive driving and ignoring the safety of others on the road.

5. Increase in distracted driving

Delivery drivers who are in a hurry may try to multitask while driving. Moreover, the anxiety related to COVID-19 may give some drivers the urge to check their cellphones and notifications, which can potentially lead to a distracted driving crash.

What should I do if I was injured in an accident with a delivery driver?

If you were injured in a crash with a delivery truck driver, get an experienced Texas truck accident attorney on your side who can investigate the crash scene, the driver’s behavior and gross negligence on part of the trucking company.

Smith & Hassler Attorneys At Law has been helping truck crash victims in the greater Houston area obtain compensation since 1989. Contact us to find out how we can help you. Our case evaluations are free and confidential.

Rollover accidents involving large commercial trucks often wreak havoc on Texas roads. That’s because large trucks can weigh as much as 80,000 lbs when fully-loaded with cargo.

Once a semi-trailer tips over on a high-speed roadway, a great deal of damage can be inflicted on other vehicles and roadside structures. As a result, multiple people can be injured or killed in a single crash.

According to the state crash data from the NHTSA, 664 people were killed in crashes involving large trucks on Texas roads — up from 657 the previous year. It’s unclear how many of these fatalities were caused by truck rollovers. Rollovers are one of the leading types of truck accidents in Texas, however.

What causes semi-truck rollovers?

According to the Federal Motor Carrier Safety Administration (FMCSA), the most common causes of semi-trailer rollovers include:

• Driver error: The FMCSA says that roughly 78 percent of rollovers involve driver error such as drowsy driving, distracted driving and poorly navigating curves, as well as abrupt or over-steering.
• Mechanical defects: Studies have found that more than 50 percent of truck rollovers are caused by brake defects.
• Improper cargo loads: Improper loading of cargo is a contributing factor in more than 60 percent of rollovers. This often occurs when partial loads are not properly balanced, allowing for cargo to slosh from one side to another and disrupt the balance of the semi-trailer.

Myths about truck rollover accidents

Some myths about what causes truck rollovers include:

• They’re caused by poor driving conditions: While poor driving conditions can contribute to truck rollovers, more than half of them occur on straight roads rather than curves or ramps. According to the FMCSA, nearly all truck rollovers happen on dry roads and two-thirds happen during daylight hours.
• Speeding causes most rollovers: Speed is only a contributing factor, not a cause of rollovers. According to the FMCSA, driving too fast for conditions contributes to about 28 percent of rollovers.
• Only inexperienced drivers cause rollovers: Rollovers can happen regardless of how much experience the driver has. In fact, approximately 66 percent of truck rollovers involve drivers with more than 10 years of driving experience.

What should I do if I’m injured in a rollover truck accident?

If your injuries are minor enough, you may be able to follow the standard crash protocol. This includes:

• Calling the police
• Taking pictures of the crash scene
• Speaking to witnesses
• Exchanging insurance information with other parties involved (name, address, phone number, insurance provider, and trucking company name and contact information)

Not all people involved in truck crashes have the luxury of taking these actions. If your injuries are severe, you will need prompt medical attention. You may not even remember exactly what happened.

The legal team at Smith & Hassler Attorneys at Law can help you get your life back. Our attorneys have been litigating truck crashes since 1989 and have a proven track record of getting results.

We serve clients in the greater Houston area. Contact us online or call 800-946-9461 (WIN WIN 1) to find out how we can help you.

Violations are down but many American truckers keep making mistakes with electronic logging devices that the federal government ordered to replace paper logs in late 2017.

That’s according to a story on the Heavy Duty Trucking website.

The installation of electronic logging devices (ELD) in trucks has improved compliance with the federal rules that require recording drivers’ hours of service (HOS). The percentage of driver inspections with at least one HOS violation fell to 0.57 percent in June 2019 and to 0.69 percent in April 2018, from 1.3 percent in December 2017.

Successful transfers of electronic logging device data are occurring at a rate of 35,000 monthly, an 80 percent success rate.

A US official said the number of trucking ELD violations could be lower

“There are a lot of drivers that are misapplying the rule,” said Joe DeLorenzo, chief enforcement officer of the Federal Motor Carrier Safety Administration.

A lot of the trucking ELD violations found in roadside inspections involve “really simple stuff,” such as:

• The device failing to transfer log data when requested by an inspector
• Improper mounting of the portable ELD
• Drivers being unskilled at transferring data using the ELD
• Drivers sometimes lacking required documentation during an inspection stop

Keep going over the basics with drivers, DeLorenzo said.

Trucking companies share the blame regarding trucking ELD violations. Common violations include failing to ensure records are accurate, to produce records on request and to review records of unassigned driving or to annotate the record explaining why the time is unassigned.

The Federal Motor Carrier Safety Administration regulates compliance of trucking companies and drivers with hours of service rules. The rules are intended to improve safety on the road by limiting driving time and ensuring drivers are rested.

The federal rules require that drivers work no more than 60 hours over seven consecutive days or 70 hours over eight days.

Drivers must maintain a log for seven days and eight days after, respectively. Drivers may be on duty for up to 14 hours following 10 hours off duty, but they are limited to 11 hours of driving time.

A driver can restart the consecutive-day cycle after taking 34 or more consecutive hours off duty.

Editing or additions to ELD records can be done but these changes cannot shorten the drive time that was listed in the original ELD. Also, the data in the ELD must be recertified and the original records must be maintained.

Trucking companies can request edits after ELD records have been submitted, but annotations are required to explain the edits.

An ELD in size is between a smartphone and a computer tablet. They can be mounted on a truck dashboard and picked up for mobile use.

According to ELDfacts.com, the devices:

• Track a driver’s hours of work electronically
• Must be synchronized with a truck’s engine to ensure the truck’s drive segments are captured
• Transfer data electronically to a manager who can see the logs in real-time.

In assessing trucking ELD violations, it may be helpful to note that the devices perform numerous functions. The devices can record vehicle inspection reports, different states’ fuel taxes and driver behavior in relation to speeding, idling and hard braking.

Among benefits trucking companies have seen from ELDs are that they save time by reducing paperwork and they update dispatchers about drivers’ status, such as allowing for improved planning for trucking loads.

Contact Smith & Hassler Attorneys at Law in Houston, Texas today for help with issues related to trucking ELD violations and for car, truck and motorcycle crashes.

A man attempting to run across Interstate 45 North last night has miraculously survived being struck by an 18-wheeler. The accident happened just before midnight near Tidwell. Witnesses credit the 18-wheeler driver with attempting to swerve to avoid the crash, and after clipping the man the trucker pulled over and called 911. It is very difficult to gauge the speed of an approaching vehicle and how much time there is to cross a multi-lane roadway during daylight, let alone at night, so while taking a shortcut is tempting it can often prove fatal. The safer play is wait for help, don’t try to cross the freeway.