18-Wheeler Accidents in Town of Kenefick, Texas: Your Complete Legal Guide
Every year, thousands of families across Texas are devastated by catastrophic 18-wheeler accidents. If you or someone you love has been injured in a trucking collision in Town of Kenefick or Liberty County, you’re not alone – and you have powerful legal rights. This comprehensive guide explains everything you need to know about 18-wheeler accidents in Town of Kenefick, from immediate steps to take after a crash to how our experienced attorneys can help you recover maximum compensation.
Why Town of Kenefick Trucking Accidents Are Different
Town of Kenefick sits at a critical juncture in Texas’s vast trucking network. Our location near major highways like US-90 and the proximity to the Houston metropolitan area means we see more than our share of commercial truck traffic. The unique challenges of Town of Kenefick trucking accidents include:
- Highway traffic patterns that funnel trucks through our area
- Local distribution centers that create concentrated truck traffic
- Rural road conditions that may not be designed for heavy commercial vehicles
- Mixed traffic combining local commuters with long-haul truckers
- Weather conditions that affect visibility and road traction
When an 80,000-pound truck collides with a passenger vehicle on Town of Kenefick roads, the results are often catastrophic. That’s why you need attorneys who understand both federal trucking regulations and the specific challenges of Town of Kenefick-area trucking corridors.
The Immediate Steps to Take After a Town of Kenefick Trucking Accident
If you’ve been involved in an 18-wheeler accident in Town of Kenefick, what you do in the first 48 hours can make or break your case. Follow these critical steps:
1. Seek Medical Attention Immediately
Your health comes first. Even if you feel fine, many serious injuries like traumatic brain injury (TBI) and internal bleeding don’t show symptoms right away. Town of Kenefick has excellent medical facilities nearby, including:
- Liberty Dayton Regional Medical Center (Liberty, TX)
- Houston Methodist Baytown Hospital (Baytown, TX)
- Memorial Hermann Northeast Hospital (Humble, TX)
Important: Tell every medical provider you see that your injuries resulted from a trucking accident. This creates the medical documentation that will be crucial for your case.
2. Call 911 and File a Police Report
Texas law requires reporting any accident involving injury, death, or property damage that prevents safe vehicle operation. The police report will document:
- The location and time of the accident
- Weather and road conditions
- Witness statements
- The officer’s determination of fault
- Citations issued to the truck driver
This report becomes a critical piece of evidence in your Town of Kenefick trucking accident case.
3. Document the Scene Thoroughly
If you’re physically able, take photographs and videos of:
- All vehicles involved (including license plates and DOT numbers)
- Damage to your vehicle (interior and exterior)
- The truck’s cargo and securement devices
- Road conditions (skid marks, debris, traffic signals)
- Your injuries
- The surrounding area (street signs, landmarks)
Pro Tip: Use your smartphone to photograph the truck driver’s commercial driver’s license (CDL) and insurance information.
4. Collect Witness Information
Independent witnesses can provide valuable testimony about what happened. Get names, phone numbers, and email addresses from anyone who saw the accident.
5. Preserve Evidence
Trucking companies begin protecting their interests immediately after an accident. Critical evidence can disappear quickly:
- Black box data (ECM/EDR) can be overwritten in 30 days
- ELD logs may only be retained for 6 months
- Dashcam footage is often deleted within 7-14 days
- Surveillance video from nearby businesses typically overwrites in 7-30 days
6. Contact an Experienced Town of Kenefick Trucking Accident Attorney
The most important step you can take is to call Attorney911 immediately. We’ll send preservation letters to the trucking company and their insurer within hours to protect your evidence. Our team includes a former insurance defense attorney who knows exactly how trucking companies try to minimize claims.
Common Causes of 18-Wheeler Accidents in Town of Kenefick
Understanding what caused your accident is crucial to building a strong case. In Town of Kenefick and Liberty County, we frequently see these causes:
1. Driver Fatigue (Hours of Service Violations)
Federal regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 consecutive hours off duty
- Cannot drive beyond the 14th consecutive hour on duty
- 30-minute break required after 8 hours of driving
- 60/70 hour weekly limits
Town of Kenefick Reality: Many truckers passing through our area are on tight schedules. The pressure to meet delivery deadlines often leads to hours of service violations. Our attorneys know how to obtain ELD data that proves these violations.
2. Distracted Driving
Truck drivers face numerous distractions:
- Cell phone use (texting, calls, GPS)
- Dispatch communications
- In-cab entertainment systems
- Eating and drinking while driving
- External distractions (billboards, scenery)
FMCSA Violation: 49 CFR § 392.82 prohibits hand-held mobile phone use while driving.
3. Improper Cargo Loading
Cargo securement failures cause:
- Rollover accidents (shifting loads change center of gravity)
- Spilled cargo creating road hazards
- Underride accidents (cargo extending beyond trailer)
FMCSA Requirements: 49 CFR § 393.100-136 specifies cargo securement standards that must be followed.
4. Brake Failures
Brake problems contribute to 29% of truck accidents. Common issues include:
- Worn brake pads
- Improper brake adjustment
- Air brake system failures
- Brake fade on long descents
Maintenance Requirements: 49 CFR § 396.3 requires systematic inspection and maintenance.
5. Tire Blowouts
Tire failures are particularly dangerous on Town of Kenefick’s rural roads. Causes include:
- Underinflation
- Overloading
- Worn tires
- Road debris
- Manufacturing defects
FMCSA Standards: 49 CFR § 393.75 specifies minimum tread depth requirements.
6. Wide Turn Accidents (“Squeeze Play”)
Large trucks need extra space to make turns. When they swing wide, they create dangerous gaps that passenger vehicles may enter, leading to crushing accidents.
7. Blind Spot Accidents (“No-Zone”)
Trucks have large blind spots where they can’t see other vehicles:
- 20 feet in front of the cab
- 30 feet behind the trailer
- One lane on the left side
- Two lanes on the right side
8. Jackknife Accidents
When a truck’s trailer swings out at an angle to the cab, it can block multiple lanes of traffic. Common causes include:
- Sudden braking
- Wet or icy roads
- Improperly loaded cargo
- Brake system failures
9. Underride Accidents
Among the most deadly trucking accidents, underride collisions occur when a passenger vehicle slides under the trailer. These often result in decapitation or catastrophic head injuries.
10. Speeding and Reckless Driving
Trucks require much longer stopping distances than passenger vehicles. Speeding reduces reaction time and increases the severity of collisions.
The Catastrophic Injuries We See in Town of Kenefick Trucking Accidents
The physics of trucking accidents make catastrophic injuries the norm, not the exception. Due to the massive size and weight disparity between 18-wheelers and passenger vehicles, we frequently see:
Traumatic Brain Injury (TBI)
TBI occurs when the brain impacts the inside of the skull due to sudden acceleration or deceleration. Symptoms may include:
- Headaches and dizziness
- Memory problems and confusion
- Difficulty concentrating
- Mood changes and depression
- Sleep disturbances
- Sensory problems (vision, hearing)
- Speech difficulties
- Personality changes
Lifetime Costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injuries and Paralysis
Damage to the spinal cord can result in:
- Paraplegia (loss of function below the waist)
- Quadriplegia (loss of function in all four limbs)
- Incomplete injuries (some nerve function remains)
- Complete injuries (total loss of sensation and movement)
Lifetime Costs:
- Paraplegia: $1.1 million to $2.5 million+
- Quadriplegia: $3.5 million to $5 million+
Amputations
Trucking accidents often result in traumatic amputations or require surgical amputation due to:
- Crushing injuries
- Severe burns
- Infections from open wounds
Ongoing Needs: Prosthetics ($5,000-$50,000+ each), rehabilitation, psychological counseling
Severe Burns
Burns occur from:
- Fuel tank ruptures and fires
- Hazmat cargo spills
- Electrical fires
- Friction burns from road contact
- Chemical burns from cargo
Burn Classification:
- First degree (epidermis only)
- Second degree (epidermis and dermis)
- Third degree (full thickness)
- Fourth degree (through skin to muscle/bone)
Internal Organ Damage
Common internal injuries include:
- Liver lacerations
- Spleen damage
- Kidney injuries
- Lung contusions
- Internal bleeding
- Bowel and intestinal damage
Wrongful Death
When a trucking accident kills a loved one, surviving family members may recover:
- Lost future income
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Punitive damages (if gross negligence)
“The pain is constant. The medical bills are mounting. And the trucking company’s insurance adjuster is calling. You don’t have to face this alone. Call Attorney911 at 1-888-ATTY-911 for a free consultation. We’re Town of Kenefick’s trucking accident attorneys, and we’re ready to fight for you.”
Who Can Be Held Liable in a Town of Kenefick Trucking Accident?
One of the most important differences between car accidents and trucking accidents is that MULTIPLE parties can be held liable in trucking cases. Our attorneys investigate every possible defendant to maximize your recovery:
1. The Truck Driver
The driver may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, dispatch communications)
- Fatigued driving (hours of service violations)
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Traffic law violations
2. The Trucking Company / Motor Carrier
Trucking companies are often the most important defendants because they have the deepest pockets and highest insurance limits. They can be liable for:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not independent contractor)
- Acting within the scope of employment
- Performing job duties when accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, hours of service
- Negligent Supervision: Failed to monitor driver performance, ELD compliance
- Negligent Maintenance: Failed to maintain vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate HOS regulations
3. The Cargo Owner / Shipper
The company that owns the cargo may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous nature of cargo
- Requiring overweight loading
- Pressuring carrier to expedite beyond safe limits
- Misrepresenting cargo weight or characteristics
4. The Cargo Loading Company
Third-party loading companies may be liable for:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, tiedowns
- Not training loaders on securement requirements
5. The Truck and Trailer Manufacturer
Manufacturers may be liable for:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
6. Parts Manufacturer
Companies that manufacture specific parts may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
7. Maintenance Company
Third-party maintenance companies may be liable for:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or wrong parts
- Returning vehicles to service with known defects
8. Freight Broker
Freight brokers who arrange transportation may be liable for:
- Negligent selection of carrier with poor safety record
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
9. The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
10. Government Entity
Federal, state, or local government may be liable in limited circumstances for:
- Dangerous road design that contributed to accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
The 48-Hour Evidence Preservation Protocol
In trucking accident cases, EVIDENCE DISAPPEARS FAST. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your Legal Shield
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It:
IMMEDIATELY – within 24-48 hours of being retained. We don’t wait.
What the Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data: The Silent Witness
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.
FMCSA Regulations: The Legal Foundation of Your Case
The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.
Why FMCSA Regulations Matter for Your Case:
Every 18-wheeler on American highways must comply with these federal regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers |
|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights |
| Part 395 | Hours of Service | How long drivers can drive, required rest |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records |
Part 390: General Applicability
Purpose: Establishes who must comply with federal trucking regulations.
Applies To:
- All motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
- All drivers of CMVs in interstate commerce
- All vehicles with GVWR over 10,001 lbs
- All vehicles designed to transport 16+ passengers (including driver)
- All vehicles transporting hazardous materials requiring placards
Key Definitions:
- Commercial Motor Vehicle (CMV): Vehicle with GVWR 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials
- Motor Carrier: Person or company operating CMVs in interstate commerce
- Driver: Any person who operates a CMV
- Interstate Commerce: Trade, traffic, or transportation crossing state lines
49 CFR § 390.3 – General Applicability:
“The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”
Part 391: Driver Qualification Standards
Purpose: Establishes who is qualified to drive a commercial motor vehicle.
Minimum Driver Qualifications (49 CFR § 391.11):
A person shall not drive a commercial motor vehicle unless they:
- Are at least 21 years old (interstate) or 18 years old (intrastate)
- Can read and speak English sufficiently
- Can safely operate the CMV and cargo type
- Are physically qualified under § 391.41
- Have a valid commercial motor vehicle operator’s license (CDL)
- Have completed a driver’s road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- Have completed required entry-level driver training
Driver Qualification File Requirements (49 CFR § 391.51):
Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:
| Document | Requirement |
|---|---|
| Employment Application | Completed per § 391.21 |
| Motor Vehicle Record | From state licensing authority |
| Road Test Certificate | Or equivalent documentation |
| Medical Examiner’s Certificate | Current, valid (max 2 years) |
| Annual Driving Record Review | Must be conducted and documented |
| Previous Employer Inquiries | 3-year driving history investigation |
| Drug & Alcohol Test Records | Pre-employment and random testing |
Why This Matters for Your Case:
If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.
Physical Qualification Requirements (49 CFR § 391.41):
Drivers must be medically qualified to operate CMVs. Key requirements include:
- No loss of foot, leg, hand, or arm (without exemption)
- No established medical history of epilepsy or seizures
- No mental, nervous, or psychiatric disorder likely to interfere with safe driving
- No current clinical diagnosis of alcoholism
- No use of Schedule I controlled substances
- No use of non-Schedule I substances that impair driving ability
- Vision of at least 20/40 in each eye (with or without correction)
- Hearing adequate to perceive forced whisper at 5 feet
Part 392: Driving of Commercial Motor Vehicles
Purpose: Establishes rules for the safe operation of CMVs.
Ill or Fatigued Operators (49 CFR § 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
Why This Matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.
Drugs and Other Substances (49 CFR § 392.4):
A driver shall not be on duty or operate a CMV while:
- Under the influence of any Schedule I substance
- Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
- Possessing a Schedule I substance (unless prescription)
Alcohol (49 CFR § 392.5):
A driver shall not:
- Use alcohol within 4 hours before going on duty or operating a CMV
- Use alcohol while on duty or operating a CMV
- Be under the influence of alcohol (.04 BAC or higher) while on duty
- Possess any alcohol while on duty (with limited exceptions)
Speeding (49 CFR § 392.6):
“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
Following Too Closely (49 CFR § 392.11):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”
Mobile Phone Use (49 CFR § 392.82):
Drivers are PROHIBITED from:
- Using a hand-held mobile telephone while driving
- Reaching for mobile phone in manner requiring leaving seated position
- Texting while driving (49 CFR § 392.80)
Part 393: Parts and Accessories for Safe Operation
Purpose: Establishes equipment and cargo securement standards.
Cargo Securement (49 CFR § 393.100-136):
General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance Criteria (§ 393.102):
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Tiedown Requirements:
- Aggregate working load limit must be at least 50% of cargo weight for loose cargo
- At least one tiedown for cargo 5 feet or less in length
- At least two tiedowns for cargo over 5 feet or under 1,100 lbs
- Additional tiedowns for every 10 feet of cargo length
Brakes (49 CFR § 393.40-55):
All CMVs must have properly functioning brake systems:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems must meet specific requirements
- Brake adjustment must be maintained within specifications
Lighting (49 CFR § 393.11-26):
Required lighting includes:
- Headlamps, tail lamps, stop lamps
- Clearance and side marker lamps
- Reflectors and retroreflective sheeting
- Turn signal lamps
Why This Matters: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.
Part 395: Hours of Service (HOS) Regulations
Purpose: Prevents driver fatigue by limiting driving time and requiring rest.
These are the MOST COMMONLY VIOLATED REGULATIONS in trucking accidents.
Property-Carrying Drivers (Most 18-Wheelers):
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Impaired alertness |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving | Insufficient rest |
Sleeper Berth Provision (49 CFR § 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period:
- At least 7 consecutive hours in sleeper berth
- Plus at least 2 consecutive hours off-duty (in berth or otherwise)
- Neither period counts against 14-hour window
Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine to record objective data
- Cannot be altered after the fact (unlike paper logs)
- Record GPS location, speed, engine hours
Why ELD Data Is Critical Evidence:
ELDs prove:
- Exactly how long the driver was on duty
- Whether breaks were taken as required
- Speed before and during the accident
- GPS location history
- Any HOS violations
We send spoliation letters immediately to preserve this data.
Part 396: Inspection, Repair, and Maintenance
Purpose: Ensures CMVs are maintained in safe operating condition.
General Maintenance Requirement (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Driver Inspection Requirements:
Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.
Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:
- Service brakes
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.
Maintenance Record Retention (§ 396.3):
Motor carriers must maintain records for each vehicle showing:
- Identification (make, serial number, year, tire size)
- Schedule for inspection, repair, and maintenance
- Record of repairs and maintenance
- Records must be retained for 1 year
Why This Matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.
The Most Common FMCSA Violations in Town of Kenefick Trucking Accidents
Our attorneys frequently find these violations in Town of Kenefick trucking accident cases:
- Hours of Service Violations – Driving beyond 11-hour limit, no breaks
- False Log Entries – Falsifying ELD or paper log records
- Failure to Maintain Brakes – Worn brakes, improper adjustment
- Cargo Securement Failures – Inadequate tiedowns, shifting loads
- Unqualified Driver – Operating without valid CDL or medical certificate
- Drug/Alcohol Violations – Operating under influence, failed tests
- Mobile Phone Use – Texting, hand-held phone while driving
- Failure to Inspect – No pre-trip inspection, ignored defects
- Improper Lighting – Non-functioning lights, missing reflectors
- Negligent Hiring – No background check, incomplete DQ file
How We Prove Violations:
| Evidence Type | What It Shows |
|---|---|
| ELD Data | Hours of service violations, driving time |
| ECM/Black Box | Speed, braking, throttle position |
| Driver Qualification File | Hiring negligence, training gaps |
| Maintenance Records | Deferred repairs, known defects |
| Inspection Reports | Pre-existing violations |
| Drug/Alcohol Tests | Impairment at time of accident |
| Dispatch Records | Pressure to violate HOS |
The Catastrophic Impact of Trucking Accidents on Town of Kenefick Families
When an 80,000-pound truck collides with a passenger vehicle on Town of Kenefick roads, the consequences extend far beyond physical injuries. Families face:
Medical Challenges
- Multiple surgeries and hospitalizations
- Ongoing physical therapy and rehabilitation
- Home modifications for accessibility
- Assistive devices (wheelchairs, prosthetics)
- Prescription medications
- Future medical needs
Financial Burdens
- Lost wages during recovery
- Reduced earning capacity
- Medical bills not covered by insurance
- Property damage
- Increased insurance premiums
- Out-of-pocket expenses
Emotional Toll
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- PTSD and anxiety
- Depression
- Strain on family relationships
Daily Life Changes
- Inability to perform household tasks
- Need for in-home care
- Transportation challenges
- Social isolation
- Career changes or early retirement
- Dependence on others
“You’re not just another case number to us. You’re family. When you call Attorney911, you get direct access to Ralph Manginello and our entire team. We’ll fight for every dollar you deserve. Call 1-888-ATTY-911 now for your free consultation.”
The Insurance Battle: What the Trucking Company Doesn’t Want You to Know
Trucking companies and their insurers have one goal: to pay you as little as possible. Our firm includes a former insurance defense attorney who knows every tactic they’ll use against you:
Common Insurance Tactics
| Tactic | How They Use It | How We Counter It |
|---|---|---|
| Quick Lowball Settlement Offers | Offer fast money before you understand your injuries | Never accept early offers; calculate full future damages first |
| Denying or Minimizing Injuries | Claim your injuries aren’t serious or were pre-existing | Obtain comprehensive medical documentation and expert testimony |
| Blaming the Victim | Argue you were partially at fault | Investigate fully; gather evidence disproving fault allegations |
| Delaying the Claims Process | Drag out negotiations hoping you’ll accept less | File lawsuit to force discovery; set depositions |
| Using Recorded Statements Against You | Get you to say things that hurt your case | Advise clients NEVER give statements without attorney present |
| “Pre-Existing Condition” Defense | Claim your injuries existed before the accident | Apply Texas “Eggshell Skull” doctrine (take plaintiff as found) |
| “Gap in Treatment” Attacks | Argue you weren’t really injured if you missed appointments | Document all treatment; explain gaps with medical records |
| Sending Surveillance Investigators | Film you doing activities that contradict your claimed injuries | Advise clients on appropriate conduct; expose unfair surveillance |
| Hiring “Independent” Medical Examiners | Use doctors who minimize your injuries | Counter with client’s treating physicians and independent experts |
| Drowning You in Paperwork | Overwhelm you with requests to force you to give up | Aggressive litigation and motion practice to force resolution |
Why You Need an Attorney Who Fights Back
Insurance companies have teams of lawyers and adjusters working to minimize your claim. You need someone on your side who:
- Knows their tactics from the inside
- Won’t be intimidated by their resources
- Will take your case to trial if necessary
- Has recovered millions for trucking accident victims