18-wheelers, semi-trucks, and other large vehicles are often easily recognizable as commercial motor vehicles (CMVs). However, even smaller trucks or vans that are towing a trailer could be classified as a CMV. Understanding when a commercial motor vehicle is involved in an accident is the first step toward establishing legal liability and your right to compensation through a San Antonio commercial vehicle accident claim.
Commercial Motor Vehicle Defined
Commercial motor vehicles are those that are driven for commercial or business purposes, such as carrying products or passengers. The Federal Motor Carrier Safety Administration (FMCSA) establishes regulations for CMVs, which it defines as a self-propelled or towed vehicle used to transport goods or passengers with a gross vehicle weight rating or combination weight rating of 26,009 pounds or more, seats to transport more than eight passengers for payment, seats to transport more than 15 passengers, or a bed or trailer used to transport a large quantity of hazardous material.
Under this broad definition, a CMV could include:
- Tractor trailers
- Buses
- Party vans
- Delivery vehicles
- Tow trucks
- Flatbed trucks
- Delivery trucks
- Garbage trucks
- Cement trucks
- Vehicles that transport passengers
Legal Requirements to Operate a Commercial Motor Vehicle
Anyone who operates a CMV must comply with the FMCSA’s guidelines, starting with obtaining a commercial driver’s license (CDL). This requires passing a written and skills test. The driver can only drive the type of vehicle for which they have a specific endorsement. They must also have medical certification demonstrating that they are physically capable of handling the job and must be able to communicate in English.
Under Texas law, it may not be necessary to hold a CDL to operate all types of commercial motor vehicles. For example, fire trucks, military vehicles, farm vehicles, emergency vehicles, recreational vehicles used solely for personal use, and air carrier-owned vehicles only require a Class or Class B non-commercial driver’s license, depending on the vehicle.
Truck drivers, trucking companies, and others involved in the trucking industry must comply with various rules set forth by the FMCSA, including:
- Hours of service regulations that set limits for how many hours a trucker can drive in a given day and interval
- Commercial vehicle insurance requirements
- Drug and alcohol testing requirements
- Securement rules that help prevent cargo from dislodging during transport
- Maintenance and inspection requirements
- Record-keeping requirements
Legal Impact of Violating Commercial Motor Vehicle Requirements
If the truck driver or other party violated FMSCA regulations, they may be liable for the damages they cause, such as:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Costs to repair or replace a damaged vehicle
- Pain and suffering
- Permanent disability and impairment
- Mental anguish
- Emotional distress
- Reduced quality of life
Drivers, trucking companies, cargo loading companies, or other parties may be responsible for paying these damages.
Contact Our Personal Injury Lawyers for a Free Case Review
If you were injured in an accident involving a commercial motor vehicle in Texas, the San Antonio truck accident attorney at George Salinas Injury Lawyers can help. We can investigate the accident, determine which laws the defendant broke, and hold them accountable. Contact us for a free consultation.