FMCSA Gaps, Repeat Offenders, and Risk of Texas Truck Wrecks
Every year there are over 6,000 fatal truck wrecks, and the numbers just keep climbing. Part of the reason is that there are certainly more people on the road than in years past, but another growing issue is that the FMCSA has looked the other way on repeat offenders. A wreck or dangerous situation will occur, and there’s no accountability happening. The Car Crash Captain explores this issue.
How the FMCSA Regulates Trucking Companies
Every commercial truck driver and company have to go through a fairly rigorous process to ensure safety on the roads. The Federal Motor Carrier Safety Administration (FMCSA) sets the guidelines for:
- Registration: This department oversees the USDOT registration and more.
- Hours of Service: Truck drivers are only allowed to drive certain hours to prevent fatigue behind the wheel. Learn more about the hours-of-service rules.
- Truck Safety: Big rigs are required to go through regular inspections, maintenance, and repairs. Drivers are supposed to do pre-trip inspections and inspect throughout their trip.
- Qualifications: Anyone operating a semi-truck has to have a CDL, go through drug and alcohol testing, and medical certification to ensure they’re fit to drive.
- Compliance: The FMCSA monitors for unsafe driving, compliance to all these standards, looks at crash history, if drivers are fit for service, and more.
In short, the FMCSA oversees the entire industry to ensure that even if a crash happens, the problem drivers and companies are dealt with… at least that’s what they’re supposed to do.
The Loopholes and Delays in Enforcement
The problem is that like many organizations, they’re vastly understaffed and overburdened with work. Combine that with those who are intent on breaking the law will do whatever they must to “get away” with driving unsafely.
- Shell Companies – Some trucking companies will open up shell companies, or chameleon companies to avoid penalties. This “new” company has a clean record and they can continue to operate unsafely.
- Audit Delays – Some trucking companies with poor safety scores keep operating for a long time before the FMCSA investigates. These delays can last for years due to lack of manpower to complete timely audits.
- Faked Logs – Even with electronic data logs, the carriers can fudge their numbers, skip maintenance, or “lose” or “misplace” their paperwork.
- Slap on the Wrist – Minor violations can result in warnings instead of penalties. Often these minor violations are indicative of a bigger and more dangerous pattern, but the company never experiences a shutdown.
Because of all of this, there are some drivers and companies that keep operating unsafely. They put every one of us at risk.
Tugg Energy’s Fatal Crash and No Consequences
In May of 2024, a driver for Tugg Energy was driving a propane delivery truck. The driver crashed through a guardrail and the entire truck fell into a reservoir. Ultimately the driver was found dead in the cab of the truck; fortunately there were no other victims.
Two weeks later, the FMCSA conducted a review and found multiple compliance and safety issues. They issued a $25,000 fine against the trucking company for the violations. In the scheme of things, that’s hardly a deterrent.
The real issue came several months later. By February of 2025, the case was dropped completely and the agency was “no longer pursuing action.” Tugg Energy skirted the rules, had a driver die while on duty, and nothing was done.
You can read more about this issue and this case on the Washington Post.
Herbert Law Group Helps Truck Crash Victims
The sad reality is that deadlines and money will constantly have companies pushing the limits and putting their drivers and the public at risk. As the population continues to grow, more and more vehicles are on the roads, and fatal accidents will remain high.
The good news is that you have someone on your side.
If you were injured in a Texas truck accident, or if your loved one was killed in a wreck with a commercial vehicle (that includes busses, trucks, and more), then we need to talk.
Herbert Law Group has a long history of winning cases for the victims and helping them recover because they receive the compensation they deserve. Let’s talk about what happened to you, and let’s find out how we can help. It all starts with a free phone call to our office at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.