Truck Accident Lawyers SATX is the website of LAWBOSS – Uvalle Law Firm, PLLC. This page is about the tractor-trailer itself: what makes an 18-wheeler crash different, the ways these crashes happen, and the federal rules on brakes, tires, cargo, rear guards and inspections that we check when one of them hurts someone in San Antonio.
In brief
An 18-wheeler is a tractor pulling a semitrailer. Federal rules in 49 CFR Parts 392, 393 and 396 say how it must be equipped, loaded, checked before each trip and inspected every year. When one of those rules was broken, the paperwork and the equipment usually show it, if they are kept. We send the preservation letter and inspect the rig before it is repaired or scrapped.
Hit by a tractor-trailer? Call LAWBOSS any hour. The consultation is free.
What counts as an 18-wheeler
The name comes from the usual count of wheels on a tractor with two drive axles pulling a two-axle semitrailer. In the federal rules it is a combination vehicle. To drive one, a person needs a commercial driver’s license, which 49 CFR 383.23 requires for anyone operating a commercial motor vehicle as Part 383 defines it. Section 383.5 puts a combination with a gross combination weight rating of 26,001 pounds or more, towing a unit rated over 10,000 pounds, in Group A, the class that covers most tractor-trailers.
The broader safety rules start lower. Under 49 CFR 390.5, a vehicle used in interstate commerce is a commercial motor vehicle once its weight rating reaches 10,001 pounds. That pulls in many box trucks, delivery trucks and pickup-and-trailer combinations that nobody would call an 18-wheeler, and the rules on this page apply to them as well.
How 18-wheeler crashes happen
Underride
In an underride crash a car runs into the back or side of a trailer and slides under it, so the trailer’s bed strikes the car’s windshield and passenger compartment instead of its bumper. For the rear of most trailers there is a federal rule. Under 49 CFR 393.86, a trailer or semitrailer with a gross vehicle weight rating of 10,000 pounds or more, made on or after January 26, 1998, must have a rear impact guard that meets federal motor vehicle safety standards. The guard’s lower edge may be no more than 22 inches above the ground, and its horizontal bar must reach to within 4 inches of each side of the trailer. A guard that is bent, rusted through, missing or set too high is evidence.
Jackknife
A jackknife happens when the trailer swings out and folds toward the cab, often after hard braking, braking in a curve, or wheels locking on a wet road. The trailer can sweep across several lanes. We look at the brakes, the speed before braking from the engine data, the load and how it was distributed, and the road conditions.
Rollover
Rollovers often happen on ramps and curves taken too fast, when a load shifts, or when a liquid load surges in a tank. Highway interchanges where Loop 410, Loop 1604 and the interstates meet carry trucks through tight ramps every day. Speed, cargo securement and whether the driver was fatigued are the usual questions.
Wide turns and blind spots
A tractor-trailer has to swing wide to make a right turn, and a driver who starts the swing without checking mirrors can trap a car or a cyclist between the trailer and the curb. Lane changes into a car sitting in one of the truck’s blind spots cause sideswipes on I-35 and I-10. Federal rules require working mirrors: 49 CFR 392.7 lists rear-vision mirrors among the parts a driver must be satisfied are in good working order before driving.
Rear-end crashes
A loaded truck needs far more distance to stop than a car. When a truck runs into slowed or stopped traffic, typical causes are following too closely, speed, distraction, fatigue and brakes out of adjustment. Under 49 CFR 393.48, all brakes a truck is equipped with must at all times be capable of operating. The engine control module’s record of speed and braking in the seconds before the impact, and the driver-facing camera if the truck has one, are often the deciding evidence.
Tire blowouts and brake failures
A steer tire that blows can pull the truck across lanes. A trailer tire that blows can throw tread into traffic. Both point us to the maintenance file. Under 49 CFR 396.3, every motor carrier must systematically inspect, repair and maintain the vehicles under its control, and keep the records for 1 year and for 6 months after the vehicle leaves its control.
Cargo spills and shifted loads
Cargo that falls from a flatbed, or a load that shifts and tips a trailer, is governed by the cargo securement rules starting at 49 CFR 393.100. Each commercial motor vehicle must be loaded, equipped and secured to prevent the cargo from leaking, spilling, blowing or falling, and to prevent it shifting so much that the vehicle’s stability or maneuverability is affected. Section 393.102 sets performance figures: tiedowns must hold against 0.8 g of deceleration forward and 0.5 g rearward and sideways. Under 49 CFR 392.9 the driver must inspect the cargo and its securement within the first 50 miles of a trip and keep checking during the trip. A spill can implicate the driver, the carrier and the shipper or loader that packed the trailer.
The driver behind the wheel
Equipment is only half of it. Federal driving rules in Part 392 and the hours rules in Part 395 cover the person driving the rig:
- Fatigue. 49 CFR 392.3 forbids driving while the driver’s alertness is impaired by fatigue or illness, and forbids the carrier to require or permit it. 49 CFR 395.3 limits a property-carrying driver to 11 hours of driving within a 14-hour window after 10 hours off duty, with a 30-minute break after 8 hours of driving.
- Alcohol and drugs. 49 CFR 392.5 forbids using alcohol within 4 hours before going on duty, and 382.201 forbids performing safety-sensitive functions with an alcohol concentration of 0.04 or more. 49 CFR 392.4 bans Schedule I drugs, amphetamines and narcotics on duty.
- Phones. 49 CFR 392.80 bans texting while driving and 392.82 bans using a hand-held mobile telephone while driving, including while stopped in traffic.
- Speed and schedules. 49 CFR 392.6 forbids a carrier to schedule a run that could only be completed by speeding.
- State traffic law. 49 CFR 392.2 requires every commercial vehicle to be driven according to the laws of the place it is in, and where a federal rule sets a higher standard, the federal rule applies.
Checks the rules require before and during the trip
| Check | What the rule says | Rule |
|---|---|---|
| Before driving | The driver must be satisfied that brakes, steering, lights, tires, horn, wipers, mirrors, coupling devices, wheels and emergency equipment are in good working order | 49 CFR 392.7 |
| End of each day | The driver prepares a written report of any defect found or reported; the carrier must repair defects likely to affect safety before the vehicle is driven again, and keep the report 3 months | 49 CFR 396.11 |
| Every year | Each vehicle in a combination, tractor and semitrailer alike, must pass a periodic inspection at least once in the preceding 12 months, with documentation on the vehicle | 49 CFR 396.17 |
| During the trip | Cargo and securement inspected within the first 50 miles and re-examined during the trip | 49 CFR 392.9 |
When a defect was written up on an inspection report and the truck was sent out anyway, that report is some of the strongest evidence a case can have. It is also one of the records with the shortest federal retention period, three months, which is why the preservation letter names it.
Injuries in tractor-trailer crashes
The weight difference between a loaded rig and a passenger car means these crashes often cause the most serious injuries: traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, burns and amputations. San Antonio has two Level I trauma centers. University Hospital reports that the American College of Surgeons reverified both its adult and its pediatric Level I trauma centers, and the Texas Department of State Health Services redesignated it as a Level I trauma center through July 1, 2029. Brooke Army Medical Center is the only Level I trauma center in the Department of War, and the Army reports that about 85 percent of its trauma admissions are civilians from the community.
Serious injuries take time to understand. We do not put a value on a claim until the doctors can say what the injury means for your work and your life. Our truck accident lawyer San Antonio page explains how a claim moves forward.
Who the rig points to
The equipment and the paperwork tell us whom to claim against. A brake out of adjustment points at the carrier’s maintenance and possibly a repair shop. A defective part points at the manufacturer. A load that shifted points at whoever loaded it. A trailer owned by one company and pulled by another brings in the lease. Our truck accident attorney San Antonio page covers every party, and our trucking accident lawyer San Antonio page lists the federal rules part by part. Crashes on particular roads are on our truck wreck lawyer San Antonio page.
Call LAWBOSS before the rig is repaired or scrapped. The line is answered 24 hours a day.
The consultation is free. If there is no recovery, you owe no attorney’s fee and no case costs; the written fee agreement sets the percentage and how advanced costs are handled when there is a recovery.
Legal information
This page is general information about Texas and federal law, not legal advice for your situation. Reading it or contacting us does not create an attorney-client relationship. No page on this site promises any result.
Questions people ask
Do all trailers have to have underride guards?
Under 49 CFR 393.86, trailers and semitrailers rated 10,000 pounds or more and made on or after January 26, 1998 must have a rear impact guard, with listed exceptions such as pole trailers, low chassis vehicles and special purpose vehicles. The guard’s lower edge may be no more than 22 inches above the ground.
Can the trucking company repair the truck after the crash?
Nothing in the federal rules stops a carrier from repairing a truck, which is why a preservation letter asks for the tractor and trailer to be kept as they were until they can be inspected. Under Texas law a party that knows or should know a claim is likely has a duty to preserve relevant evidence.
Is a tractor-trailer inspected every year?
Yes. Under 49 CFR 396.17, each vehicle in a combination, including the tractor and the semitrailer, must have passed a periodic inspection within the preceding 12 months, with documentation on the vehicle.
What if cargo fell off a truck and caused the crash?
The cargo securement rules in 49 CFR 393.100 and the following sections require cargo to be secured against falling, spilling and shifting. The driver must check it within the first 50 miles under 392.9. The carrier, the driver and the shipper that loaded the trailer can each be responsible.
Do these rules apply to box trucks and delivery trucks too?
Many of them do. In interstate commerce, a vehicle rated 10,001 pounds or more is a commercial motor vehicle under 49 CFR 390.5. For trucks that stay inside Texas, the state adopts the federal rules for vehicles over 26,000 pounds, with some differences.
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