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These motor vehicle accident cases can be complex since you are dealing with a commercial driver and the company he or she drives for, in addition to federal laws found within the Federal Motor Carrier Safety Regulations that the drivers and company must comply with.  With increased damages, large insurance policies, and often multiple parties, these cases require the expertise of a seasoned 18-wheeler accident lawyer who knows how to navigate all of the elements and factors involved.

Injured in an Accident Involving an 18-Wheeler? Contact a Trucking Accident Lawyer with Espinoza & Brock

If you or a loved one has been hurt in an accident involving an 18-wheeler tractor trailer truck, container truck, semi truck, big rig or other large commercial trucking vehicle, then you should get the help of a skilled 18-wheeler accident attorney at our firm. Espinoza & Brock is a group of attorneys that have years of experience litigating cases involving the Federal Motor Carrier Safety Regulations and their applicability to the 18-wheeler industry.

To us, you are family and we are dedicated to helping you get what you need to put your life back together after a bad crash. Contact a lawyer on our team now for a free case evaluation on your 18-wheeler accident. We have offices in San Antonio and El Paso and have helped clients all over Texas get the fair compensation they deserve.

Did the Trucking Company Fail to Ensure the Driver Remained Qualified to Operate a Large Commercial Vehicle?

The FMCSR has very specific guidelines that must be followed without fail, however many trucking companies do not follow this guideline, and you will not know that until you file suit and litigate the case. Section 391.51 General Requirements for Driver Qualification Files include:

  1. Each motor carrier shall maintain a driver qualification file for each driver it employs
  2. The qualification file for a driver must include:
    •  The driver’s application for employment 
    • A copy of the motor vehicle record received from each State record 
    • The certificate of driver’s road test issued to the driver 
    • The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry 
    • A note relating to the annual review of the driver’s driving record 
    • A list or certificate relating to violations of motor vehicle laws and ordinances 
    • The medical examiner’s certificate as required by § 391.43(g) or a legible copy of the certificate
    • A Skill Performance Evaluation Certificate obtained from a Field Administrator, Division
    • Administrator, or State Director
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Litigating 18-Wheeler Accidents

Commercial interstate tractor-trailer (18-wheelers) companies and drivers have to abide by the regulations found within the Federal Motor Carrier Safety Act (FMCSR). This federal law specifies requirements that each motor carrier and driver must comply with to be legally on the road. If it is discovered throughout the course of litigation that a carrier failed to properly train or qualify its drivers in compliance with the FMCSR, and allowed them to transport material weighing up to, or in excess of 80,000 pounds, on public highways, then that company has acted negligently. Our attorneys, through litigation, have discovered infractions that contributed to negligence including:

  • Drivers with expired medical cards
  • Drivers with expired Commercial Driver’s Licenses (CDL)
  • Drivers without the proper training to be on the road
  • Drivers that were driving in excess of the allowed hours under the FMCSR
  • Drivers that were operating under the influence of drugs and/or alcohol
  • Companies that do not train or follow safety training requirements
  • Companies that do no qualify their drivers under the FMCSR
  • Companies that failed to properly ensure that their drivers met CDL qualifications

Call Espinoza & Brock Today to Get the Results You're Entitled to

A violation in any of the FMCSR guidelines is a serious safety hazard. This type of negligence can cause fatalities, severe injuries and ruin lives. Don’t hesitate to contact us now so we can assure you get justice.

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