Three people were transported to the hospital following a dump truck rollover in San Antonio two weeks ago. The truck accident occurred at a gas station located at the intersection of O’Connor Road and I-35 shortly before noon on June 28. Police say the truck’s driver was seriously injured, while the other two victims suffered what appeared to be minor injuries.

Accident Details

According to information released by the San Antonio Police Department, the truck driver, who was hauling asphalt, suddenly lost control of the vehicle as he was exiting I-35. The truck flipped over, pushing a work truck into the gas station.

The driver later told police that the brakes had stopped working, and he lost control trying to steer. He was transported to the hospital with serious arm injuries. The man in the work truck was also taken to the hospital with minor injuries. Both he and another victim were at the gas station on a service call.

Truck driver fatigue is one of the most common causes of truck accidents in the United States. When drivers are running on little sleep, they cannot focus on the road ahead and are more likely to get into an accident. If you were recently hit by a drowsy truck driver, you should get in touch with a Texas personal injury lawyer promptly to talk about your case.

Common Reasons for Truck Driver Fatigue

There are several reasons why truck drivers may become drowsy. For one thing, they often drive 11 consecutive hours in a row. That is a great deal of driving for anyone and can become exhausting after a while. Since truck drivers do not work regular hours, they may have trouble establishing a regular sleeping schedule. These drivers may have difficulty falling or staying asleep, so they wake up tired. Sometimes truck drivers take sleeping pills to help them fall asleep easier. Unfortunately, sleep aids can cause grogginess and impair judgment, increasing the risk of accidents. Some truck drivers may get behind on their deliveries and drive longer than federal guidelines suggest they do. 

How to Spot a Fatigued Truck Driver

It is scary to think about getting into a collision with a fatigued truck driver. However, if you learn to recognize the signs of a drowsy driver, you can steer clear of them. Here are a few indicators of a fatigued truck driver.

Drunk driving is a serious problem in Texas. Not only does Texas have the largest number of fatal accidents involving alcohol intoxication, but alcohol also accounts for an outsized percentage of fatal accidents in Texas compared to most other states. All drunk drivers can be a severe danger to themselves and others on the road, but intoxicated truck drivers are capable of causing especially dangerous accidents and severe injuries.

Deterrents Against Truck Driver Intoxication

Commercial truck drivers are subject to strict laws and regulations regarding alcohol and drug use, both at a federal level and within the state of Texas. For example, the Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to administer drug and alcohol tests for their drivers under a variety of circumstances, including before hiring, after an accident, and when there is reasonable suspicion of intoxication.

Additionally, under Texas state law, the driver of a commercial truck can be charged with driving while intoxicated (DWI) and lose their commercial driver’s license for at least a year if they are found to have a blood alcohol concentration of at least 0.04 or any amount of controlled substance in their body while operating a commercial vehicle. However, despite these deterrents, intoxicated drivers are still the source of many truck accidents in Texas.

Truck wrecks are a serious problem in Texas. In 2019, the state led the country in fatal accidents involving commercial trucks, with 543 crashes resulting in 613 deaths, and thousands more Texans suffered truck wreck injuries of varying severity. Truck accident injury victims have the right to pursue compensation from both negligent truck drivers and the companies that employ them. However, a bill under consideration in the Texas House of Representatives could make doing so more difficult.

Trucking Company Liability in Texas

Often, when a commercial semi-truck is in an accident resulting in injuries, fault does not lie entirely with the truck’s driver. While a driver could be considered negligent by way of behaviors such as distracted driving, drunk driving, or driver fatigue, the driver’s employer can also be considered negligent for contributing to the circumstances leading to the crash. Common situations that may involve trucking company liability include:

• Improper maintenance or repair of the truck
• Improper loading or securing of the truck’s cargo
• Insufficient record-keeping regarding the truck’s maintenance or the driver’s service hours
• Failure to follow drug testing protocol for drivers

When a trucking company is found to be negligent, they may be liable for a portion of an injury victim’s compensatory damages, as well as punitive damages in some cases.

After a 2018 accident in which a mother and daughter lost their lives on the way home from Austin City Limits, their surviving family members are petitioning for a law that would require 18-wheelers and other large trucks to take measures to increase their visibility. The family feels that this law could prevent similar collisions to the one that affected them, which involved a tanker truck at night. If passed, this law could give drivers injured in truck accidents another option for claiming negligence and pursuing compensation in a personal injury lawsuit.

Federal Regulations for Big-Rig Truck Drivers

Current Federal Motor Carrier Safety Administration (FMCSA) regulations specify standards for headlights, taillights, brake lights, and reflectors depending on the type of commercial motor vehicle, and they also require that these lights be operable and unobstructed at all times. If an accident occurs because a truck does not follow these regulations, the driver and his or her employer may share responsibility for failing to install the proper equipment and inspect it to make sure it is working.

The Austin family mentioned above seeks to expand these regulations by adding more lights to the sides of large trucks and requiring they be painted with light colors. Their goal is to reach 10,000 signatures on the petition and send it to the U.S. Department of Transportation. If they are successful, trucks throughout the United States could be required to update their equipment after legislation passes.