18-Wheeler and Truck Accidents in Texas and Houston: The Federal and Texas Rules

The short answer

A crash with an 18-wheeler or other large commercial truck in Texas can involve federal rules that do not apply to two private cars. The Federal Motor Carrier Safety Regulations limit a truck driver to 11 hours of driving within a 14-hour on-duty window after 10 hours off (49 C.F.R. §395.3), require carriers to keep drivers' logs for at least 6 months (§395.8), and set minimum levels of insurance that interstate carriers must carry (§387.9). Texas adopts commercial vehicle safety rules consistent with the federal ones (Transp. Code §644.051) and sets special trial rules for injury lawsuits over a collision with a commercial motor vehicle (Civ. Prac. & Rem. Code ch. 72).

This guide explains those rules in general terms, with the official text linked for each, and adds what Houston readers see on the port freight corridors. It is general informational guidance and is not legal advice; it says nothing about any particular crash or who was responsible for it.

Key facts (as of November 2, 2026)

• Driving hours. 10 hours off before driving; up to 11 hours of driving within 14 hours of coming on duty; a 30-minute break after 8 hours of driving for most drivers; 60 hours in 7 days or 70 hours in 8 days (49 C.F.R. §395.3).
• Logs. Drivers record duty status for each 24-hour period, most on an electronic logging device, and carriers keep the records at least 6 months (§395.8).
• Post-crash testing. Carriers test surviving drivers for alcohol and drugs after a fatal crash, and after certain injury or tow-away crashes when the driver is cited (§382.303).
• Accident register. Carriers keep a register of crashes for 3 years (§390.15(b)).
• Minimum insurance. $750,000 for for-hire interstate carriers of nonhazardous property in vehicles of 10,001 pounds or more; higher for certain hazardous materials (§387.9).
• Carrier markings. The carrier's name and USDOT number appear on both sides of the truck (§390.21T).
• Texas rules. The DPS director adopts truck safety rules consistent with federal regulations and may adopt them by reference (Transp. Code §644.051).
• Texas trials. On a defendant's timely motion, the court splits the trial into a compensatory phase and an exemplary-damages phase (CPRC §72.052).
• Filing period. Texas generally sets two years for a personal injury suit (CPRC §16.003).

18-wheeler accidents in Houston: the rules at a glance

A crash with an 18-wheeler in Houston can involve the same federal and Texas truck rules that apply across the state, plus the Houston Police Department's posted left-lane restrictions for large trucks. The table lists the main rules, each in the words of its source; the sections after it explain them in more detail. It describes the rules in general and says nothing about any particular crash.

The insurance figures are minimum levels a carrier must carry. They are not a measure of any injury or claim. For the Houston corridors these trucks use, see our crash-data guides for I-10 and I-45 and our guide on truck crashes near the Port of Houston.

What counts as a commercial motor vehicle

Federal and Texas law each define the term, for different purposes.

• Federal motor carrier rules. Under 49 C.F.R. §390.5, a commercial motor vehicle is a self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when it has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight or gross combination weight of 10,001 pounds or more, whichever is greater; is designed or used to transport more than 8 passengers (including the driver) for compensation; is designed or used to transport more than 15 passengers (including the driver) and is not used to transport passengers for compensation; or is used to transport hazardous material in a quantity requiring placards.
• Texas safety rules for trucks that stay in Texas. For Transportation Code chapter 644, a commercial motor vehicle is the federal definition if the vehicle operates interstate, and the definition in §548.001 if it operates intrastate (§644.001). That definition covers, among others, a vehicle or combination with a gross weight, registered weight or gross weight rating of more than 26,000 pounds, and a vehicle transporting hazardous materials in a quantity requiring placards (§548.001).
• Texas trial rules. Under CPRC §72.051(4), a commercial motor vehicle is a motor vehicle being used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services. It does not include a vehicle being used at the time of the collision for personal, family or household purposes.

Who sets the rules: FMCSA, Texas DPS and chapter 644

The Federal Motor Carrier Safety Administration (FMCSA) writes the federal rules in title 49 of the Code of Federal Regulations. In Texas, Transportation Code chapter 644 gives the public safety director (DPS) the job of adopting rules for the safe operation of commercial motor vehicles and the safe transportation of hazardous materials:

• Consistent with federal rules. A rule adopted under chapter 644 must be consistent with federal regulations, including federal safety regulations, and the director may adopt all or part of the federal safety regulations by reference (§644.051).
• Which rule wins. A federal motor carrier safety regulation prevails over a conflicting provision of this title of the Transportation Code applicable to a commercial vehicle operated in interstate commerce; a rule adopted by the director prevails over a conflicting provision of a federal motor carrier safety regulation applicable to a commercial vehicle operated in intrastate commerce (§644.002).
• Intrastate hours. A Texas rule may not prevent an intrastate operator from operating a vehicle up to 12 hours following eight consecutive hours off (§644.053(a)(1)). The detailed intrastate limits are in the DPS rules, which this guide does not restate.
• Local officers. DPS certifies municipal police officers, sheriffs and deputy sheriffs to enforce chapter 644. Officers of cities with 50,000 or more people, and sheriffs and deputies of counties with 700,000 or more, are among those eligible (§644.101).
• Offenses. Violating a chapter 644 rule is a Class C misdemeanor. Knowingly operating a truck in violation of a federal out-of-service order is a Class A misdemeanor, a state jail felony if the truck was in a collision that caused bodily injury, and a second-degree felony if the collision caused a death (§644.151).

Our chapter 644 reference entry prints more of the statute.

Identifying the carrier: the name and USDOT number on the truck

Under 49 C.F.R. §390.21T, a self-propelled commercial motor vehicle must be marked on both sides with:

• the legal name or a single trade name of the motor carrier operating it; and
• the identification number FMCSA issued to the carrier, preceded by the letters "USDOT".

If another company's name appears on the truck, the operating carrier's name and number follow the words "operated by". The marking must contrast sharply with its background and be readable in daylight from 50 feet while the vehicle is stopped.

FMCSA's SAFER Company Snapshot can be searched by USDOT number, MC/MX number or company name. FMCSA describes the snapshot as a concise record of a company's identification, size, commodity information and safety record, including any safety rating, a roadside out-of-service inspection summary and crash information. Intermodal equipment, such as a container chassis, is identified separately with its provider's name and USDOT number (§390.21T(g)), so the name on that equipment and the name on the cab are not always the same company.

Federal limits on driving hours

Subject to exceptions in 49 C.F.R. §395.1, a driver of a property-carrying commercial motor vehicle may not drive, and a motor carrier may not permit or require the driver to drive, unless the driver follows these limits (49 C.F.R. §395.3):

• the driver may not drive without first taking 10 consecutive hours off duty;
• the driver may not drive after 14 consecutive hours have passed since coming on duty following those 10 hours off;
• within that 14-hour period, the driver may drive a total of 11 hours;
• except for drivers who qualify for a short-haul exception, the driver may not drive if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption; and
• the driver may not drive after having been on duty 60 hours in 7 consecutive days if the carrier does not operate vehicles every day of the week, or 70 hours in 8 consecutive days if it does. A period of 7 or 8 days may end with an off-duty period of 34 or more consecutive hours.

Drug and alcohol testing after a crash

Under 49 C.F.R. §382.303, as soon as practicable after a crash involving a commercial motor vehicle operating on a public road in commerce, the employer must test each surviving driver:

• for alcohol and controlled substances if the crash involved a loss of human life and the driver was performing safety-sensitive functions with respect to the vehicle; and
• for alcohol if the driver receives a citation within 8 hours, or for controlled substances if the driver receives a citation within 32 hours, for a moving traffic violation arising from the crash, when someone was injured and immediately treated away from the scene or a vehicle was disabled and had to be towed away.

If an alcohol test is not given within two hours, the employer records why; after eight hours it stops trying and keeps the same record. For a drug test the cutoff is 32 hours. A test by law enforcement with independent authority can count if the employer obtains the results. The rule does not require delaying necessary medical care for injured people.

Records carriers must keep

The federal rules require motor carriers to keep several kinds of records, each for a set period.

• Records of duty status. Except for a private motor carrier of passengers (nonbusiness), a motor carrier must require each driver to record the driver's duty status for each 24-hour period, and generally must install and require each driver to use an electronic logging device (ELD). Exceptions include a driver who keeps a record of duty status on no more than 8 days in any 30-day period and a vehicle manufactured before model year 2000 (49 C.F.R. §395.8(a)). The carrier must keep records of duty status and supporting documents for each driver for not less than 6 months from the date of receipt (§395.8(k)(1)).
• Driver qualification files. A motor carrier must keep a qualification file for each driver it employs, including the driver's application for employment, motor vehicle records from licensing authorities, the certificate of the driver's road test or an accepted equivalent, and the medical examiner's certificate. The file is kept for as long as the driver is employed by that carrier and for three years after, although some items may be removed three years after the date they were executed (49 C.F.R. §391.51).
• Inspection, repair and maintenance records. A motor carrier must systematically inspect, repair and maintain the vehicles it controls and, except for a private motor carrier of passengers (nonbusiness), keep records for each vehicle it controls for 30 consecutive days, including the vehicle's identification, the nature and due date of inspection and maintenance operations, and the date and nature of inspections, repairs and maintenance. The records are kept where the vehicle is housed or maintained for 1 year, and for 6 months after the vehicle leaves the carrier's control (49 C.F.R. §396.3).
• Accident register. A motor carrier must keep an accident register for 3 years after the date of each accident, listing for each one the date, the city or town and state, the driver's name, the number of injuries and fatalities, and whether hazardous materials (other than fuel spilled from a vehicle's fuel tanks) were released, along with copies of accident reports required by states, other governmental entities or insurers (49 C.F.R. §390.15(b)). An "accident" for these rules is a crash involving a commercial motor vehicle on a highway that results in a fatality, an injury treated immediately away from the scene, or a vehicle towed away with disabling damage (§390.5).

The same section requires carriers to make all records and information about an accident available to FMCSA, authorized state or local enforcement agency representatives, or authorized third-party representatives within the time the request or investigation specifies (§390.15(a)).

Federal minimum insurance for motor carriers

A motor carrier covered by part 387, subpart A, may not operate a motor vehicle until it has the minimum levels of financial responsibility set in §387.9 (49 C.F.R. §387.7(a)). That subpart applies to for-hire motor carriers transporting property in interstate or foreign commerce, and to motor carriers transporting hazardous materials, substances or wastes in interstate, foreign or intrastate commerce, with exceptions, including most vehicles under 10,001 pounds (49 C.F.R. §387.3).

For a for-hire carrier in interstate or foreign commerce, with a gross vehicle weight rating of 10,001 pounds or more, transporting nonhazardous property, the minimum level of public liability is $750,000. The schedule sets higher minimums for certain oil, hazardous materials, hazardous substances and hazardous waste (49 C.F.R. §387.9). These are minimum levels a carrier must carry. They are not a measure of any injury or claim.

Proof of the required financial responsibility, such as the insurer's Form MCS-90 endorsement, is kept at the carrier's principal place of business (§387.7(d)), is public information, and must be produced for review on reasonable request by a member of the public (§387.7(e)(1)).

Texas trial rules for commercial motor vehicle cases

Chapter 72, subchapter B, of the Civil Practice and Remedies Code sets rules for a "civil action" in which a claimant seeks damages for bodily injury or death caused in a collision, and a defendant either operated a commercial motor vehicle involved in the collision, or owned, leased or otherwise held or exercised legal control over the vehicle or its operator (CPRC §72.051(2)). A passenger in the commercial motor vehicle is not a "claimant" under the subchapter unless the passenger is an employee of the vehicle's owner, lessor, lessee or operator (§72.051(3)).

Bifurcated trials

In a civil action under the subchapter, on motion by a defendant, the court shall provide for a bifurcated trial (CPRC §72.052(a)). A bifurcated trial does not happen on its own: a defendant has to ask for it. Once a defendant makes a timely motion, the statute requires the court to grant it.

The motion must be made on or before the later of (§72.052(b)):

• the 120th day after the defendant making the motion files its original answer; or
• the 30th day after a claimant files a pleading adding a claim or cause of action against that defendant.

In a bifurcated trial, the judge or jury decides the case in two phases:

• First phase. Liability for, and the amount of, compensatory damages (§72.052(c)). Compensatory damages are economic and noneconomic damages (CPRC §41.001(8)).
• Second phase. Liability for, and the amount of, exemplary damages (§72.052(d)). Exemplary damages are damages awarded as a penalty or by way of punishment, not for compensatory purposes, and include punitive damages (CPRC §41.001(5)).

A first-phase finding that an employee defendant was negligent in operating an employer defendant's commercial motor vehicle may serve as a basis for the claimant to proceed in the second phase on a claim against the employer, such as negligent entrustment, that requires that finding first. This does not apply to a claimant who pursued that kind of claim in the first phase (§72.052(e)).

Evidence of regulation violations

In the first phase of a bifurcated trial, evidence that a defendant failed to comply with a regulation or standard is admissible only if, in addition to meeting other requirements of law, the evidence tends to prove that the failure was a proximate cause of the bodily injury or death, and the regulation or standard is specific and governs, or is an element of a duty of care that applies to, the defendant, its employee, or its property or equipment (CPRC §72.053(b)). A claimant may still pursue a claim for exemplary damages relating to a failure to comply with other regulations or standards, and present evidence on that claim in the second phase (§72.053(c)).

When the employer stipulates

If an employer defendant stipulates, within the time allowed for a motion to bifurcate, that the person operating its commercial motor vehicle was its employee acting within the scope of employment at the time of the collision, the employer's liability for that person's ordinary negligence is based only on respondeat superior, except as §72.054(d) provides (CPRC §72.054(a)).

For employers regulated by the federal Motor Carrier Safety Improvement Act of 1999 or Transportation Code chapter 644, §72.054(c) lists evidence a party may present in the first phase of a bifurcated trial. The list includes whether the driver was licensed to drive the vehicle, was medically certified under 49 C.F.R. §391.41, was operating the vehicle when prohibited from doing so under listed federal or Texas rules, including the driving-time limits in 49 C.F.R. §395.3, was texting or using a handheld mobile telephone in violation of 49 C.F.R. §392.80 or §392.82, or had refused a controlled substance test required by listed federal rules, including the post-accident test in §382.303, during the two years before the collision, and whether the employer allowed the driver to operate the vehicle in violation of certain rules (§72.054(c)). In a bifurcated trial, that evidence is admissible in the first phase only to prove ordinary negligent entrustment, and it is the only evidence the claimant may present in the first phase on that claim (§72.054(d)).

The section does not prevent a claimant from pursuing an ordinary negligence claim against an employer, such as negligent maintenance, that does not require a finding that the employee was negligent, or a claim for exemplary damages for the employer's own conduct or omissions in relation to the collision (§72.054(f)).

Photos and video

In a civil action under the subchapter, a court may not require expert testimony to admit a photograph or video of a vehicle or object involved in the collision, except as needed to authenticate it (CPRC §72.055(a)). A properly authenticated photograph or video is presumed admissible, even if it tends to support or refute an assertion about the severity of damage or injury (§72.055(b)). Our guide on preserving dashcam and video evidence explains how video is commonly kept after a crash.

Truck crashes in Houston

The same federal and Texas rules apply on Houston's freeways, several of which serve Port Houston's terminals along the Houston Ship Channel.

The port freight corridors. TxDOT's port profile lists highway access to Port Houston from I-10, I-45, I-610, SH 146, SH 99, SH 225, SH 8, SH 35, SH 36 and SH 288 (TxDOT, Port Houston profile). TxDOT's Houston District Truck Mobility Study traced heavy-truck trips between the region's highway gateways, including I-10 near Sealy and near Cove and I-45 near Spring and near Galveston, and four port terminals: Turning Basin, Jacintoport, Barbours Cut and Bayport. TxDOT reports that most of those trips start or end within the region, and that 75 to 85 percent of daily heavy-truck trips that start or end at Jacintoport, Barbours Cut or Bayport have an origin or destination within 15 miles of the terminal. TxDOT's Houston District is also studying about 14 miles of SH 225 from I-610 East to SH 146 and about 7.5 miles of I-610 East from Telephone Road to Gellhorn Drive (TxDOT, SH 225 and I-610 East study).

Truck enforcement in the city. The Houston Police Department's Truck Enforcement Unit, established in July 1999 and assigned to the Traffic Enforcement Division, conducts commercial truck and motorcoach safety inspections. HPD says its officers are certified by FMCSA through the Texas Department of Public Safety, and that when an inspection finds a serious federal regulation violation, the driver is given an out-of-service order and the vehicle may continue once the item is repaired. Chapter 644 is the state law under which local officers are certified (§644.101).

Left-lane restrictions. HPD's Restricted Roadways page says the unit takes enforcement action against large commercial trucks with 3 or more axles that drive in prohibited left lanes on freeways where signs are posted, and lists four freeways with left-lane restrictions 24 hours a day:

• the East Freeway (I-10 East) between Waco Street and Uvalde;
• State Highway 225 between the 610 Loop and Highway 146;
• the North Freeway (I-45 North) between Loop 610 and Rankin Road; and
• US 290 between Loop 610 and Beltway 8.

Crash data and reports. Our crash-data guides for I-10, I-45 and Beltway 8 show where serious crashes on those corridors were recorded. Our guide on getting a crash report in Houston explains which agency handles a crash and how to request the report, and our guide on what to do after a car accident in Houston covers the steps after any Houston crash.

The general filing period

Texas generally requires a personal injury suit to be brought not later than two years after the day the cause of action accrues, and a suit for injury resulting in death within two years after the death, with exceptions the Code states (CPRC §16.003). If the truck belonged to a city, county or other government, a separate notice rule can apply; see our guide on crashes with a Texas government vehicle. This guide does not say which period applies to any particular crash; an attorney can.

Records people commonly keep after a truck crash

It can help to keep these in one place:

• Photos or video of the vehicles and the scene, including the company name and USDOT number on the cab and any name or number on the trailer
• The crash report and its report number, which lists the vehicles involved
• The date, time and exact place of the crash, including the highway, direction and nearest exit or cross street
• Names and contact details of any witnesses who spoke with you at the scene
• Medical bills and records, and records of missed work and pay
• Your own auto policy's declarations page
• Letters or claim numbers from any insurer

Our guides on getting a Texas crash report and what evidence helps an injury claim explain how records like these are commonly used.

Related guides

• Texas Transportation Code chapter 644: commercial truck safety rules explained
• What to do after a car accident in Texas
• I-10 accidents in Houston: crash data by year
• I-45 accidents in Houston: crash data by year
• Preserving dashcam and video evidence after a Texas crash
• Texas statute of limitations for injury claims
• Truck accident near the Port of Houston: port roads, container trucks and the rules that apply
• Truck accidents in Houston (local page): Houston-specific information on truck accidents.

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

More guides

• Truck Accidents

  Truck accident near the Port of Houston: port roads, container trucks and the rules that apply

  The Texas and federal rules behind the container trucks and heavy freight on the roads around Port Houston's Barbours Cut and Bayport terminals: who Port Houston is, the Port Houston Police, intermodal chassis rules, the Texas overweight container permit, and how crash reports and government notice work there.

• Legal Guidance

  How to choose a personal injury lawyer in Texas: what to check

  How to check any Texas personal injury lawyer yourself with official sources: the State Bar license and discipline lookup, what Texas law says a contingent fee agreement must contain, questions to ask, barratry red flags and how to change lawyers.

• Legal Guidance

  How to choose a bicycle accident lawyer in Houston: what to check first

  Check a Houston bicycle accident lawyer yourself with official Texas sources, plus questions on the Texas bicycle rules, insurance, government notice, fees and barratry red flags.

• Texas Law Reference

  Texas Transportation Code chapter 661: the motorcycle helmet law

  The official text of the Texas statutes on protective headgear for motorcycle operators and passengers, including the age-21 exceptions for a completed training course or health insurance coverage, with a plain-language explanation and how a Texas crash report records helmet use. Text last checked October 30, 2026.

• Texas Law Reference

  Texas Transportation Code chapter 551: bicycle rights, lane position and required equipment

  The official text of the Texas statutes that give a person on a bicycle the rights and duties of a driver, say where to ride on a roadway, require a brake and nighttime lights and set the rules for electric bicycles, with a plain-language explanation, Houston's bicycle lane parking rule and how a Texas crash report records a bicycle. Text last checked October 30, 2026.

• Texas Law Reference

  Texas Transportation Code chapter 547: required headlamps, taillamps, stoplamps and brakes

  The official text of the Texas statutes on when a vehicle must display its lights, the headlamps, taillamps, stoplamps and turn signal lamps it must have, and the brakes it must be equipped with and maintain, with a plain-language explanation and how a Texas crash report records vehicle defects. Text last checked October 30, 2026.