FMCSA Violations and Texas Truck Accident Cases: The Complete Guide

What is the FMCSA and why does it matter in South Texas?

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for regulating commercial motor vehicles in interstate commerce. Its rules are published in Title 49 of the Code of Federal Regulations, Parts 350 through 399. For anyone researching a truck accident in South Texas, the FMCSA is the starting point.

South Texas is one of the most heavily trafficked trucking corridors in the United States. The Laredo port of entry — the busiest land port in North America — processes tens of thousands of commercial trucks per month. I-35 from Laredo to San Antonio carries constant heavy-truck traffic. The Eagle Ford Shale play generates thousands of oilfield truck trips per day on US-281 and surrounding roads. Every one of those trucks is subject to FMCSA regulation.

When a crash happens, investigators look at whether the carrier and driver complied with FMCSA rules. Violations become evidence. They may also establish negligence per se — a legal doctrine that can change the outcome of the case.

The seven FMCSA compliance categories (BASICs)

FMCSA’s Compliance, Safety, Accountability (CSA) program ranks motor carriers on seven categories called BASICs — Behavior Analysis and Safety Improvement Categories. Understanding them helps you evaluate a carrier’s history:

BASIC Category	What It Measures
Unsafe Driving	Speeding, reckless driving, improper lane changes
Hours-of-Service Compliance	Logbook and ELD violations, falsification
Driver Fitness	Unlicensed drivers, disqualified drivers
Controlled Substances & Alcohol	Drug and alcohol violations
Vehicle Maintenance	Brake, tire, lighting defects
Hazardous Materials Compliance	HazMat handling and placarding violations
Crash Indicator	Reported crash history

A carrier with elevated scores in multiple BASICs — especially Hours-of-Service Compliance and Vehicle Maintenance — is a carrier with a documented pattern of safety failures. CSA scores are publicly available through the FMCSA’s Safety Measurement System (SMS) at ai.fmcsa.dot.gov.

Hours of service: the most commonly violated rule

Federal hours-of-service (HOS) rules under 49 CFR § 395.3 limit truck drivers to 11 hours of driving within a 14-hour on-duty window, after at least 10 consecutive hours off duty. The 70-hour weekly cap prevents drivers from accumulating fatigue over multiple days.

These limits exist because fatigued driving kills. FMCSA research shows crash risk increases exponentially after 8 hours of continuous driving. In South Texas, where I-35 requires long hauls from Laredo to San Antonio and beyond, HOS violations are common. Drivers under pressure from dispatch to deliver on time may falsify their ELD records, drive after their window closes, or skip required rest breaks.

An HOS violation documented in the truck’s ELD — or inconsistent with fuel receipts, toll records, or cell phone location data — is powerful evidence in a crash case. See our complete guide to Hours-of-Service Rules: 11/14/70 Explained.

Electronic Logging Devices (ELDs): the black box for HOS

Since December 2017, most commercial trucks in interstate commerce must use FMCSA-compliant electronic logging devices under 49 CFR § 395.8 and § 395.22. ELDs automatically record engine-on and engine-off events, movement, and GPS location. They are tamper-resistant by design, but not tamper-proof.

In a South Texas crash case, the ELD file — technically called an ELD event file or eRODS (electronic Record of Duty Status) — is among the first records to request. It shows the driver’s hours leading up to the crash, any unassigned driving events, manual edits, and malfunctions. Inconsistencies between ELD data and other evidence (fuel receipts, cell towers, surveillance footage) can reveal falsification.

ELD records must be retained for at least 6 months under 49 CFR § 395.8(k). After 90 days, carriers are not required to retain older data. A spoliation letter sent immediately after a crash is essential to preserve this evidence.

Driver qualification files: pre-hiring due diligence

Before a carrier puts a driver behind the wheel, federal law requires specific screening under 49 CFR Part 391. A driver qualification file (DQF) must include:

Commercial driver’s license verification
Motor vehicle record (MVR) check for the prior 3 years
Previous employer inquiry (10-year history)
Pre-employment drug test result
Medical examiner’s certificate (DOT physical)
Certificate of driver’s road test or equivalent

When a carrier fails to check a driver’s MVR and misses prior DUI convictions or HOS violations, that failure is evidence of negligent entrustment and negligent hiring — separate grounds for liability beyond the driver’s own negligence.

DQFs must be retained for 3 years after a driver leaves employment. For drivers still employed, records must be updated annually.

Post-accident drug and alcohol testing

Under 49 CFR § 382.303, carriers must conduct post-accident drug and alcohol testing in specific circumstances. Testing is required when a crash results in a fatality, or when a citation is issued and the crash involves a bodily-injury tow-away or disabling damage. Testing must be conducted within 8 hours (alcohol) and 32 hours (controlled substances) of the accident.

Failure to test is itself an FMCSA violation. If a carrier fails to conduct required post-accident testing, that failure raises an inference about what the test might have shown — and is an independent basis for a regulatory violation claim.

Negligence per se in Texas truck cases

Texas courts recognize the doctrine of negligence per se, which applies when: (1) a defendant violated a statute or regulation; (2) the plaintiff is within the class of people the regulation was designed to protect; and (3) the violation caused the type of harm the regulation was designed to prevent. See Perry v. S.N., 973 S.W.2d 301 (Tex. 1998).

FMCSA violations are particularly strong negligence per se candidates because the regulations expressly protect other motorists from injury by fatigued, unqualified, or impaired truck drivers. An hours-of-service violation, a missed drug test, or a driver without a valid CDL — these are not technicalities. They are failures of the precise safety rules designed to prevent the crash that occurred.

The Texas Trucking Liability Act (Tex. Civ. Prac. & Rem. Code § 72.051 et seq.), effective September 2021 under HB 19, affects how FMCSA violation evidence gets introduced at trial. Understanding how § 72.052’s bifurcated-trial procedure interacts with negligence per se claims is essential for evaluating a South Texas truck case.

FMCSA inspection data for South Texas carriers

FMCSA maintains public records of roadside inspections through its SAFER system and the SMS database. For South Texas carriers — particularly those domiciled in Laredo, Pharr, McAllen, San Antonio, and Corpus Christi — inspection records show patterns of violations over time.

An out-of-service (OOS) rate significantly above the national average (10.27% for drivers, 20.72% for vehicles as of 2024) indicates a carrier with chronic safety failures. An OOS order means inspectors found a violation serious enough to pull the driver or vehicle off the road immediately.

This data is publicly available and can be reviewed before filing suit. A carrier with a 35% vehicle OOS rate and 50 brake-related violations in the prior 24 months has a very different liability profile than a carrier with a clean record.

Frequently Asked Questions

What is the FMCSA?

The Federal Motor Carrier Safety Administration is the U.S. agency that regulates commercial trucking. Its rules — found in Title 49 of the Code of Federal Regulations — set minimum safety standards for drivers, vehicles, and carriers operating in interstate commerce.

Can an FMCSA violation automatically prove negligence in Texas?

Yes, under the doctrine of negligence per se. When a defendant violates a statute or regulation designed to protect a class of people from a specific harm, and that violation causes the harm, Texas courts may instruct the jury that negligence is established as a matter of law.

How long does a trucking company have to keep records?

It depends on the record type. Electronic logging device data must be retained for at least 6 months. Driver qualification files must be kept 3 years after a driver leaves. Post-accident drug test records must be retained for 5 years. Acting fast after a crash — with a spoliation letter — is essential.

Does FMCSA apply to intrastate trucks in Texas?

Federal FMCSA rules apply to interstate commerce. For trucks operating entirely within Texas, the Texas Department of Public Safety enforces state rules that largely mirror the federal standards. Many South Texas carriers cross state or international lines, so federal rules typically apply.

What is a CSA score?

The Compliance, Safety, Accountability (CSA) score is the FMCSA's system for ranking motor carriers on seven safety categories called BASICs. A high score in categories like Hours-of-Service Compliance or Vehicle Maintenance indicates a carrier with a pattern of violations — and is powerful impeachment evidence.