When a truck driver engages in aggressive driving, the consequences can be catastrophic. In 2022, 5,837 large trucks were involved in fatal crashes … a 2-percent increase from 2021 and the number of large trucks involved in injury crashes increased by 3 percent, from 117,000 to 120,000 (Federal Motor Carrier Safety Administration FMCSA)
Aggressive driving behaviors by large commercial truck drivers create dangerous situations and can inflict severe damage due to their sheer size relative to passenger vehicles and motorcycles. At least one driver-related factor was recorded for 33 percent of the large truck drivers in fatal crashes (FMCSA). When a trucker’s aggressive driving contributes to a crash, the resulting injuries may be tied to commercial truck negligence under Texas law. Liability can arise when a truck driver or trucking company fails to follow safety regulations, maintain reasonable driving practices, or address known risks tied to scheduling, fatigue, or supervision. Legal analysis focuses on whether those failures contributed to the collision and resulting harm, rather than the aggressive act alone.
Texas Laws and Houston Ordinances Targeting Aggressive Truck Driving
Under Texas Transportation Code § 545.401, a person commits reckless driving by operating a vehicle in “willful or wanton disregard for the safety of persons or property.” While Texas does not have a separate “aggressive driving” statute, behaviors such as speeding, tailgating, erratic lane changes, and running red lights fall within this definition when done with conscious disregard for safety. A conviction is a Class B misdemeanor, punishable by up to 30 days in jail and a $200 fine.
For commercial drivers, additional standards apply. Texas Transportation Code § 522.003(25) defines “serious traffic violations” for CDL holders to include:
- reckless driving,
- improper or erratic lane changes,
- following too closely (tailgating), and
- speeding 15 mph or more over the limit.
A commercial driver who commits these violations faces CDL disqualification, and employers who knowingly allow such drivers to operate can be held directly liable under Texas Transportation Code § 522.072.
Specific driving duties are also codified. Texas Transportation Code § 545.062 requires all drivers to maintain an “assured clear distance” between vehicles—a duty especially critical for large trucks given their longer stopping distances.
Houston Trucking Regulations
Houston adds its own layer of regulation. The Houston Code of Ordinances § 45-58 restricts trucks transporting hazardous materials from routes inside Loop 610 except for specific purposes. Additionally, Houston’s Citywide Truck Route Plan designates Through Truck Routes, Local Truck Routes, and No Through Truck Streets. A truck driver who uses a restricted street without a legitimate origin or destination violates city ordinance, providing further evidence of negligence.
Behaviors Indicating Aggressive Driving by Truck Drivers
Everyone on our roads has had at least some driving frustration; but for some, the anger resulting from the bad behavior of others on the road lasts much longer than an instant which can lead to catastrophic consequences. Drivers report that distracted driving, tailgating, and cutting off other drivers are the most enraging roadway driving behaviors. Some of the most common aggressive driving behaviors by truck drivers include:
Speeding
Speeding increases the chances of any driver losing control of their vehicle. For commercial truck drivers, speeding is specifically identified as a “serious traffic violation” under Texas Transportation Code § 522.003(25) when it exceeds the posted limit by 15 miles per hour or more. A trucker who speeds in this manner—especially in congested areas like Houston interstates—may be committing reckless driving under § 545.401, exposing both the driver and the carrier to liability.
Erratic or Sudden Lane Changes
Just like with any other vehicle, for the safety of others, truck drivers must use their turn signals to indicate they are about to switch lanes. If a truck driver foregoes using a blinker or changes lanes suddenly and without warning, other vehicles could easily be crushed or pushed off the road. Truck drivers must use turn signals when merging, changing lanes, or turning, as well as check their blind spots before merging or switching lanes to ensure other drivers are not cut off or collided with. Under Texas law, “improper or erratic lane change” is a “serious traffic violation” for commercial driver’s license holders (Tex. Transp. Code § 522.003(25)). Such conduct also falls within the definition of reckless driving when done willfully or wantonly.
Tailgating
While it is common knowledge that passenger vehicles should leave plenty of room between their cars and other vehicles – especially semi-trucks – the same is true for truck drivers. Semi-truck operators must do their best to allow for ample space when traveling around other vehicles. Situations can quickly become dangerous in the event a truck driver decides to tailgate another vehicle, as it takes a much longer time for a semi-truck to come to a complete stop. This can quickly lead to a dangerous and potentially deadly trucking accident. Texas law explicitly prohibits following another vehicle more closely than is safe: Texas Transportation Code § 545.062 requires every driver to maintain “an assured clear distance” so that, considering speed, traffic, and road conditions, the driver can safely stop without colliding with the vehicle ahead. Tailgating by a commercial truck is also a “serious traffic violation” under § 522.003(25).
Drifting Into Other Lanes
If a truck driver begins to drift into the shoulder lane, it can pose serious safety risks for other unsuspecting drivers. Because the shoulder of the road is meant for emergencies or vehicle breakdowns rather than driving, many drivers use these spaces while they are both inside and outside of their vehicles. If a large commercial truck drifts onto the shoulder, others have the potential to be struck and killed in a fatal accident with a truck. Drifting can be evidence of inattentive driving, which is a driver-related factor cited by FMCSA, and may constitute reckless driving if done willfully or with disregard for the safety of others (Tex. Transp. Code § 545.401).
Violating Railroad Crossing Rules
Semi-trucks and regular-sized vehicles must come to a complete stop if a train is approaching a railroad crossing area. Vehicles should never attempt to race over the tracks, especially when a train is approaching. Ultimately, it is wise for a trucker to slow down and completely stop before crossing railroad tracks to allow other drivers to see if a train is approaching unexpectedly and to prevent a train collision. Unfortunately, incidents with aggressive drivers near train tracks can be potentially deadly as it is unlikely they will come to a complete stop or even attempt to slow down. Under Tex. Transp. Code § 545.401, racing across a railroad crossing with a train approaching constitutes reckless driving. Additionally, employers who require drivers to violate railroad crossing laws commit an offense under Texas Transportation Code § 522.072(b).
Running Red Lights or Stop Signs
The greater a truck’s mass and weight, the more stopping distance it requires. Truckers – especially those traveling at high speeds – often find it difficult to stop quickly enough for stop signs or red lights. Some truck drivers even blow through traffic lights and signs when they are fully capable of stopping despite being trained to always anticipate stopping and to stop. Truck drivers most often run red lights or miss stop signs because they are not paying attention or because they are engaging in otherwise negligent driving behavior.
Blowing through a red light or stop sign is a classic example of “willful or wanton disregard for safety” under Tex. Transp. Code § 545.401, making it reckless driving. If the driver is a commercial trucker, this act also qualifies as a “serious traffic violation” under Tex. Transp. Code § 522.003(25), subject to CDL disqualification.
When to Get Legal Help
Aggressive drivers not only increase the risk of an auto accident, but they also violate the duty all drivers owe to other motorists – which is to operate their vehicles safely and responsibly. If you’ve been injured in a trucking accident caused by aggressive driving, contact the Houston accident attorneys at The Krist Law Firm to discuss your legal options. Our team understands how to use Texas statutes, Houston ordinances, and FMCSA data to build a strong case for maximum compensation.
