Truck Driver Safety – Truck and Trailer Inspections

Anyone from the Beaumont area knows that I-10 can turn into a parking lot at any given moment. When it does and traffic stops, it is much easier to see just how much 18-wheeler traffic flows through this area. Commercial trucks have safety issues that are unique to the trucking industry. The Federal Motor Carrier Safety Administration (FMCSA) is the lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles (CMVs), such as 18-wheelers. Commercial motor vehicle operations involve many moving parts, and consistent adherence to safety practices is an important aspect of minimizing operational risks for drivers and other road users.

Its stated mission is to “reduce crashes, injuries and fatalities involving large trucks and buses.” Their efforts play a significant role in reducing crashes throughout Texas and primarily in the Beaumont area where we have so much commercial hauling related to the petrochemical industry. Safety oversight also supports broader efforts to promote a culture of awareness and responsibility among all road users, including smaller passenger vehicles.

In order to fulfill its safety mission of protecting drivers from automobile accidents, the FMCSA develops and enforces regulations that balance safety and efficiency in the trucking industry. These regulations are known as the Federal Motor Carrier Safety Regulations (FMCSR). In them, you will find safety regulations about (1) driver qualifications, (2) truck and trailer inspections, (3) drive-time limits to reduce fatigue-related accidents, (4) required post-accident drug and alcohol testing, among other topics relevant to keeping our roads safe. Regular training and updates help drivers stay informed about changes to these standards and best practices in vehicle operation.

One way the FMCSA reduces accidents is through ensuring that commercial trucks and trailers are free of mechanical defects that could lead to a crash. This is done by requiring drivers to perform pre-trip and post-trip inspections that search for and fix safety defects before the vehicle is put on the road. If a safety defect is found, a maintenance protocol must be followed to confirm the repair has been made. These inspections, when performed with care, serve as routine preventive measures and can help identify issues early, contributing to overall roadway safety and operational readiness.

Below is a summary of current FMCSR truck and trailer inspection rules:

1. Inspection, Repair, and Maintenance – 396.3(a): Every motor carrier must systematically inspect, repair, and maintain all motor vehicles subject to its control.
2. Unsafe Operation Forbidden – 396.7: A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle.
3. Required 18-Month Record Retention – 396.3(b)(3)(c): Motor carriers must retain inspection and repair records for each motor vehicle they control for 18-months after the motor vehicle leaves the carrier’s control.
4. Pre-trip Inspection – 396.13: Before operating a vehicle, a driver must: (1) be satisfied the vehicle is safe to operate; (2) review the last driver inspection report; and (3) sign the prior report to acknowledge that it was reviewed and that there is a certification that the necessary repairs were performed.
5. Post-trip Inspection – 396.11(a)(1-2): Every motor carrier shall require its driver to prepare a written report at the completion of each day’s work on each vehicle operated that covers, among other things, defects discovered for the following: service brake, parking brake, steering, lighting, reflectors, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels, and emergency equipment. Written reports are not required if no defect is found.
6. Repairing Defects and Certification – 396.11(a)(2-4): If a defect if discovered, the driver must sign the report and corrective action must be taken to fix any defect that would affect safe operation of the vehicle. A certificate must be completed certifying that the repair was completed before the vehicle can be operated again, and the report, repair records, and certification must be retained for 3-months from the date the report was prepared.
7. Periodic (Yearly) Inspections – 396.17: Every commercial vehicle must undergo at least one yearly inspection that thoroughly inspects all systems identified in this section and maintain a certificate that such inspection was performed.

These rules will not prevent every accident, and unfortunately, some drivers and motor-carriers will not follow or enforce them. We have handled many cases where these required safety inspections were either pencil-whipped or not being done at all. Failure to perform these necessary inspections increases the risk for a mechanical defect to go un-noticed and lead to a crash. Consistent adherence to inspection protocols supports broader public safety and helps drivers maintain confidence in their equipment.

From our experience, the failure to perform these basic inspections is usually indicative of a much larger problem with that company’s overall safety culture. A strong safety culture within any operation reinforces awareness, responsibility, and accountability among all personnel.

We are experienced personal injury attorneys who have worked on many cases where we have uncovered inspection violations that have contributed to crashes. These violations are not always obvious, and they require having a legal team that is experienced in uncovering such things. Understanding the regulations and standards in place can help all stakeholders appreciate the complexity involved in safe commercial vehicle operations.

Find out how we can help protect your interests. If you have been involved in an 18-wheeler or commercial motor vehicle wreck, let a local Beaumont personal injury attorney review your case to see if the failure to perform a required safety inspection of an 18-wheeler truck or trailer played a part in your automobile wreck.