When a commercial truck is covered by the Federal Motor Carrier Safety Regulations, those federal rules shape a Texas truck accident claim in a specific way: they set safety standards for the driver and carrier, and many of the applicable rules require records that can later show whether those standards were met. Hours-of-service logs, drug and alcohol testing records, and maintenance files are not just paperwork. They can help an attorney reconstruct what happened and test the trucking company's account of it.
A violation of one of these rules does not, by itself, decide a case. But a documented violation can be relevant evidence in a personal injury or wrongful death claim, depending on the rule involved, whether it had anything to do with causing the crash, and the facts. The sections below explain the FMCSA rules that most often matter, the records tied to each, and what a trucking company must do after a serious crash.
| FMCSA area | Relevant evidence | Why it may matter |
|---|---|---|
| Hours of service (Part 395) | ELD data, records of duty status, supporting documents | May show whether the driver exceeded federal driving limits or was fatigued |
| Drug & alcohol testing (Part 382) | Post-accident test results, testing program records, Clearinghouse queries | May bear on impairment and on whether required testing was performed |
| Inspection & maintenance (Part 396) | Maintenance file, annual inspection report, DVIRs when defects are reported | May show whether a mechanical condition contributed to the crash |
| Accident recordkeeping (§ 390.15) | Accident register and copies of reports required by a government entity or insurer | Documents this crash and other federally defined accidents within the retention period |
Hours of Service: The Rules That Address Fatigued Driving
Driver fatigue is a recognized factor in commercial vehicle crashes. To address it, the FMCSA sets Hours of Service (HOS) limits under 49 CFR Part 395. The core maximum driving limits for property-carrying drivers appear in 49 CFR § 395.3.
For property-carrying drivers (the category that covers most 18-wheelers and commercial trucks), § 395.3 sets these limits:
- 11-Hour Driving Limit. A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Driving Window. A driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend this 14-hour window.
- 30-Minute Break Requirement. After 8 cumulative hours of driving without at least a 30-minute interruption, the driver must take a break. That break can be satisfied by any non-driving period of 30 consecutive minutes.
- 60/70-Hour Weekly Limit. A driver may not drive after 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days. A driver may restart that period after taking 34 or more consecutive hours off duty.
Here is why this matters for your case. When fatigue may have contributed to a crash, the driver's records of duty status can show driving and on-duty time. Drivers who are required to keep records of duty status generally must use Electronic Logging Devices (ELDs), subject to exceptions in Part 395. An ELD connects to the truck's engine and automatically records driving time, engine hours, vehicle miles, and location information at specified events and intervals.
The recordkeeping rules in 49 CFR § 395.8 generally require a carrier to retain drivers' records of duty status and supporting documents for six months. Because records may be deleted after that ordinary retention period, an experienced truck accident attorney will move quickly to demand preservation of relevant ELD data. Acting promptly matters.
Drug and Alcohol Testing: When It Applies
The FMCSA's drug and alcohol testing program, governed by 49 CFR Part 382, applies to drivers who operate commercial motor vehicles requiring a commercial driver's license (CDL). Under that program, carriers must conduct several categories of testing, including pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up testing.
Post-accident testing does not follow every crash. The conditions are set out in 49 CFR § 382.303. A surviving CMV driver must be tested when the accident involves a fatality. In a nonfatal accident, testing is required only when the driver receives a moving-violation citation within the rule's applicable window (8 hours for alcohol testing or 32 hours for controlled-substance testing) and the accident involved bodily injury requiring immediate medical treatment away from the scene or disabling damage requiring a vehicle to be towed.
The FMCSA also operates the Drug and Alcohol Clearinghouse, an online database of positive test results, test refusals, and return-to-duty status. Employers query the Clearinghouse as part of hiring and monitoring CDL drivers. For your case, this means an attorney can investigate whether required post-accident testing was conducted within the applicable timeframes, whether the carrier ran the queries it was supposed to run, and whether the driver had a prior violation on record. Where a carrier skipped a required step, that may be relevant to the claim.
Vehicle Inspection and Maintenance: The Paper Trail
Under 49 CFR Part 396, motor carriers must systematically inspect, repair, and maintain the commercial vehicles under their control. The general duty and the associated recordkeeping requirements appear in 49 CFR § 396.3, which requires parts and accessories to be in safe and proper operating condition and requires carriers to keep maintenance records for the vehicles they operate.
Two other sections of Part 396 come up often after a crash:
- Annual periodic inspection (§ 396.17). Commercial motor vehicles must pass a periodic inspection at least once every 12 months, and the carrier must keep documentation of the inspection as the regulation requires.
- Driver vehicle inspection reports (§ 396.11). The requirements here turn on defects. Under the current rule for property-carrying vehicles, a driver is generally required to prepare a DVIR when a defect or deficiency is discovered or reported, rather than filing a "no-defect" report at the end of every trip. Where a defect is noted, the carrier must address the required repairs before the vehicle is dispatched again.
Brake failures, tire blowouts, lighting defects, and steering problems all point back to these records. When a truck's mechanical condition contributed to a crash, the maintenance file can help tell the story. Missing records, expired inspections, or a pattern of deferred repairs may be relevant to whether the carrier knew about a problem and failed to address it.
What Must a Trucking Company Do After a Reportable Accident?
Some federal duties arise only when a crash meets specific regulatory conditions; others are ongoing recordkeeping duties that predate the crash. Understanding the difference helps explain what evidence exists, what the carrier must retain in the ordinary course, and what should be covered by an early preservation demand.
Conditional post-accident testing. As explained above, 49 CFR § 382.303 requires testing after a fatal accident. In specified nonfatal injury or disabling-damage accidents, testing depends on the driver receiving a moving-violation citation within 8 hours for alcohol testing or 32 hours for controlled-substance testing. This federal testing duty is not the same as a law-enforcement chemical test.
Accident register. Under 49 CFR § 390.15, a motor carrier must maintain an accident register for three years after each occurrence meeting the federal definition of an “accident.” The carrier must also retain copies of accident reports required by a state or other government entity or insurer. This federal carrier record is distinct from the crash report an investigating officer prepares under Texas law.
ELD and dispatch preservation. The hours-of-service data captured by the ELD, along with dispatch instructions, load assignments, and telematics, can show how long the driver had been working and what pressures the schedule created. Section 395.8 generally requires six months of retention in the ordinary course. A timely preservation demand or litigation hold may require relevant records to be kept beyond that routine period.
Vehicle inspection and maintenance evidence. The maintenance file kept under § 396.3, the periodic inspection report under § 396.17, and any DVIRs prepared under § 396.11 all become relevant when the truck's condition is in question. So does a post-crash inspection of the vehicle itself, which is why it should be preserved rather than repaired or salvaged while a claim is pending.
Internal reports. Many carriers generate their own incident or investigation reports and rapid-response documentation after a serious crash. Those internal materials can matter in litigation, subject to the usual rules about what is discoverable.
How this differs from the Texas police report. Texas law separately governs reports prepared by law enforcement after qualifying crashes. That state reporting process is not the same as the carrier's federal duties under Parts 382, 390, 395, and 396. A Texas crash report can be a useful starting point, but it does not replace the federal records a carrier must create and keep when the applicable regulations require them.
What This Means for Your Case
Each rule described above sets a standard the carrier and driver were expected to meet, and each generates records that can show whether they met it. A documented FMCSA violation may be relevant evidence, but it does not automatically prove negligence. How much it matters depends on the specific rule, whether the violation had anything to do with causing the crash, and the facts. That evaluation is a job for a lawyer, weighing the violation alongside the rest of the evidence.
A truck accident attorney who understands these regulations will move quickly to:
- Demand preservation of ELD data and records of duty status before the six-month window under § 395.8 runs
- Obtain any post-accident drug and alcohol testing records and the carrier's Clearinghouse query history
- Request the vehicle maintenance file, the annual inspection report, and any DVIRs tied to reported defects
- Request the accident register and the driver qualification file to confirm licensing, training, and history
Read together, these records can reveal patterns and help explain how a crash happened. You can see examples of outcomes obtained in serious trucking cases on our case results page. Past results do not guarantee a similar outcome.
If you or a loved one has been injured in a truck accident in Lubbock or anywhere in Texas, the investigation starts with these federal records. Contact our office at 832-250-4888 for a free consultation, and we can begin the work of preserving the evidence before it disappears.
Frequently Asked Questions
What FMCSA regulations apply after a Texas truck accident?
For a commercial motor vehicle covered by the Federal Motor Carrier Safety Regulations, the rules that most often matter are the hours-of-service and electronic logging requirements in Part 395, the drug and alcohol testing program in Part 382, and the inspection, repair, and maintenance requirements in Part 396. For crashes meeting the federal definition of an accident, § 390.15 requires the carrier to maintain an accident register for three years. Which rules apply depends on the vehicle, the carrier, and the facts of the crash.
How long are ELD records retained?
Under § 395.8, a motor carrier is generally required to retain drivers' records of duty status and supporting documents for six months. Because records may be deleted after that ordinary retention period, an early written preservation demand can help ensure relevant data is kept.
When is post-accident drug and alcohol testing required?
Not every crash triggers testing. Under § 382.303, a surviving CMV driver must be tested when the accident involves a fatality. In a nonfatal accident, testing is required only when the driver receives a moving-violation citation within the rule's applicable window (8 hours for alcohol testing or 32 hours for controlled-substance testing) and the accident involved bodily injury requiring immediate medical treatment away from the scene or disabling damage requiring a vehicle to be towed.
What maintenance records may matter?
The systematic inspection, repair, and maintenance records required under § 396.3, the annual periodic inspection report kept under § 396.17, and any DVIRs prepared under § 396.11 when a defect is discovered or reported can all be relevant. Gaps, deferred repairs, or expired inspections may bear on whether a mechanical condition contributed to the crash.
Does an FMCSA violation automatically prove negligence in Texas?
No. A documented FMCSA violation does not automatically prove negligence. Whether it is relevant, and how much it matters, depends on the specific rule, whether the violation had anything to do with causing the crash, and the facts of the case. A violation is best understood as one piece of potential evidence that a lawyer evaluates alongside everything else, not as an automatic finding of fault.
What evidence should be preserved immediately?
Time-sensitive records include ELD data and hours-of-service logs, dispatch and telematics records, the truck's engine control module data, any post-accident drug and alcohol test results, the vehicle maintenance and inspection file, and the driver qualification file. Some ordinary federal retention periods are as short as six months, so an early preservation demand can help prevent relevant records from being lost through routine deletion.
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