Key Takeaways: What Every Oversized Load Accident Victim Should Know
- Oversized and overweight loads require a state permit. Texas law bars these vehicles from public roads unless the carrier obtains a permit from the Texas Department of Motor Vehicles (TxDMV), and loads above certain size thresholds also require a certified route inspection before the trip.
- The permit file is a public record and often central to proving fault. Because TxDMV is a state agency, you can typically obtain the application, route inspection certification, and related correspondence through a Texas Public Information Act request—and it often reveals a missed clearance, a falsified inspection, or a driver who strayed from the approved route.
- Liability often extends beyond the driver. The trucking company, the individual who certified the route, a loading or rigging contractor, or even a pilot/escort vehicle operator can all share responsibility depending on what the permit records show.
- Hiring Simmons & Fletcher gets you an experienced team that knows how to pull permit files, cross-reference bridge clearance data, and identify every liable party after a bridge-strike or oversized load collision.
Every so often, a story breaks about a truck that tried to pass under a bridge and struck it because the load was too tall, or that clipped a bridge pillar because the load was too wide. Beyond the damage to the truck and the structure itself, these collisions often injure completely innocent motorists—either because the initial wreckage blocks the roadway and causes a secondary crash, or because falling debris comes off a structurally compromised bridge.
Cases like these are rarely as simple as “driver error.” Texas governs oversized and overweight loads with a dense web of state regulations. Deciphering these rules to determine who failed to meet their obligations requires a knowledgeable Texas oversized load accident lawyer. Simmons and Fletcher, P.C., has handled these types of wrecks since 1979. Call for your free consultation today at (713) 932-0777.
Why Choose Simmons and Fletcher After an Oversized Load Accident?
When a truck loses a load or hits a bridge because the load is not properly secured, you can bet there will be finger-pointing and blame-shifting. Just because a permit was issued does not mean the rules were followed. At Simmons and Fletcher, P.C., we have experience obtaining the permits and files and digging into the real facts to find out exactly who screwed up.
Additionally, when you choose Simmons and Fletcher to fight for you, here is what you get:
- A Texas Board Certified Personal Injury Trial Lawyer (Paul H. Cannon) on your team.
- Three partner-level attorneys on your case (no associates) with over 90 years of combined attorney experience.
- Attorneys with the resources and contacts to mobilize the right accident investigation team.
- No upfront costs, no consultation fee, and no attorney fees unless we win.
Contact us today for a free case evaluation with an experienced Houston truck accident lawyer: (800) 298-0111.
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Oversized Load Regulation in Texas
Oversized and overweight vehicles are not permitted to travel on Texas highways without a permit issued by the Texas Department of Motor Vehicles (TxDMV). (Historically, this permitting function sat with the Texas Department of Transportation, but it has been housed at TxDMV’s Motor Carrier Division for years now — a distinction that matters when you’re deciding which agency to send records requests to.) TxDOT still plays a role, since it maintains the bridge inspection and clearance data TxDMV relies on to route these loads.
TxDMV’s own Oversize/Overweight Permits page and its TxPROS online permitting system are where carriers actually apply for and manage these permits today.
Pulling the Permit
When a trucking company applies for an oversize or overweight permit, the application requires the carrier to disclose substantial information that can be extremely valuable for identifying the right defendants and reconstructing what went wrong. This typically includes:
- The vehicle’s make, model, year, license plate number, and VIN;
- The load’s height, width, length, gross weight, dimensions, and any overhang;
- The proposed route;
- Origination and destination points; and
- The permitted movement date(s).
Because TxDMV is a Texas state agency, permit records are public records governed by the Texas Public Information Act (Texas Government Code, Chapter 552) — not the federal Freedom of Information Act, which applies only to federal agencies. A properly drafted, written public information request to TxDMV’s Open Records office can produce the permit application, the route inspection certification, and related correspondence. These records often become Exhibit A in proving how a carrier planned — or failed to plan — the move that led to a bridge strike.
Route Inspections: The Safeguard That’s Supposed to Prevent These Crashes
Texas law requires more than paperwork before a large load hits the road. Under 43 TAC § 219.11 and TxDMV’s Route Inspections requirements, a permit applicant must obtain and certify a route inspection whenever the vehicle or load exceeds any of these dimensions:
- Width: 20 feet
- Height: 18 feet, 11 inches
- Length: 125 feet
When a load crosses one of those thresholds, TxDMV proposes a tentative route, and a carrier representative must physically drive that route before the move to confirm the load can safely clear every bridge, overpass, and lateral obstruction along the way. That representative must then sign and date a written certification confirming the route was inspected and can be safely negotiated — or flag that it cannot.
Depending on the load’s size, the carrier may also be required to use one or more pilot/escort vehicles, equipped with rotating amber beacons and two-way radios, to warn other motorists and communicate hazards to the truck driver. TxDMV’s Escort and Equipment Requirements page spells out when escorts are mandatory and what equipment they must carry.
TxDOT separately maintains bridge clearance data — vertical clearance, lateral under clearance, deck width — in its Bridge Inspection Management System, which is cross-referenced against the National Bridge Inventory maintained by the Federal Highway Administration. If a bridge’s clearance was recorded accurately and the load’s dimensions were reported accurately, a strike simply should not happen — which is exactly why this data becomes so important after a crash.
Most Struck Bridges in Houston
Unfortunately, Houston is not a stranger to 18-wheelers striking bridges. Interestingly, the three most-hit bridges in Houston, according to TXDOT, all cross I-10 Katy Freeway. These bridges are:
- Houston Avenue Bridge over I-10 Katy Freeway, near Downtown Houston.
- Waco Street Bridge, also over I-10 Katy Freeway, near Houston Avenue.
- Railroad Bridge over I-10 at Wayside on the East Freeway.
(Source: https://www.click2houston.com/news/2018/06/07/grappling-with-a-pair-of-houston-bridges-that-keep-getting-hit/)
The above three bridges have had more than their fair share of strikes over the years.
Federal Rules Layered on Top of Texas Law
Interstate carriers hauling oversized loads through Texas also face federal oversight. The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial driver qualifications, hours of service, and vehicle maintenance standards that can independently factor into a bridge-strike case — for instance, whether the driver was fatigued or the company had a pattern of safety violations documented in FMCSA’s Safety and Fitness Electronic Records (SAFER) system. 23 CFR Part 658 sets federal weight limits and the bridge formula that governs how weight must be distributed across axles.
Using the Oversized Load Permit to Establish Liability
Collisions with bridges and other fixed structures shouldn’t happen when commercial motor carriers follow TxDMV’s rules for oversized loads. That’s why pulling the permit file is such a powerful tool for establishing the carrier’s liability. A close review of the permit, the route inspection certification, and the underlying communications often reveals one or more of the following:
- The company’s representative misrepresented or miscalculated the route — either by falsely certifying an inspection that never happened, or by genuinely missing a low clearance or narrow underpass;
- The truck driver deviated from the permitted, certified route, taking the load somewhere it was never cleared to travel;
- The load’s height or width was misstated on the application, whether through error or an attempt to qualify for a lower permit tier; or
- The load was altered after the permit was issued — for example, additional cargo was stacked on top, changing the overall height without a new permit or route inspection.
The permit file cuts both ways. It can also be central to a trucking company’s defense — carriers frequently argue that because TxDMV reviewed and approved the route, they can’t be held responsible for what happened. But if the underlying application contained false or careless information, that defense collapses: an agency’s approval of a route is only as good as the data the carrier gave it. A carrier that supplied inaccurate dimensions or a fabricated route certification cannot use the state’s reliance on that bad information as a shield.
Potentially Liable Parties in an Oversized Load Accident
A bridge-strike case involving an oversized load frequently involves more than just the driver. Depending on what the permit file and route inspection records show, potentially responsible parties can include:
- The motor carrier (the trucking company) for negligent hiring, training, or supervision, or for failing to verify load dimensions before the trip;
- The driver, for deviating from the certified route or driving in a way that caused the strike;
- The individual who certified the route inspection, if that certification was false or careless;
- A third-party loading or rigging company, if the load was improperly loaded, measured, or secured; and
- A pilot/escort car company or operator, if an escort failed to warn of a known low clearance along the route.
What to Do After a Bridge-Strike or Oversized Load Collision
If you were hurt in a crash involving an oversized load — whether from the direct impact, secondary wreckage, or falling debris — a few early steps can make a significant difference in preserving evidence:
- Ask the trucking company to preserve the load’s electronic logging device (ELD) data, GPS records, and dispatch communications before they are routinely overwritten.
- Send a written public information request to TxDMV for the permit application and route inspection file before the agency purges records under its retention schedule.
- Document the crash scene, the bridge damage, and any visible load markings or dimensions.
- Obtain the Texas Peace Officer’s Crash Report (CR-3) through TxDOT’s Crash Records Information System (CRIS) and have someone who understands the contributing factors evaluate it from a legal standpoint.
Related Resources
- Common Causes of 18-Wheeler Accidents: Understand the key factors behind commercial truck crashes.
- Accidents from failure to maintain a single lane. Swerving can cause a truck’s load to shift and be lost in the roadway.
Talk to a Texas Oversized Load Accident Lawyer
Oversized load collisions are document-intensive cases. The permit application, route inspection certification, TxDOT’s bridge inspection data, and the carrier’s federal safety record all combine to tell the real story of how a crash happened—and who is responsible. If you or someone you love was injured in a Texas truck accident involving an oversized or overweight load, an experienced oversized load truck accident attorney can pull these records, identify every liable party, and hold them accountable.
FAQ's
Who can be held liable in an oversized load truck accident?
Liability isn’t limited to the truck driver. Depending on what the permit and route inspection records reveal, responsible parties can include the trucking company (for negligent hiring, training, or supervision), the driver (for deviating from the certified route), the person who signed off on the route inspection if it was false or careless, a third-party loading company if the load was measured or secured improperly, or an escort vehicle operator who failed to flag a known low clearance.
Does a company avoid liability just because TxDMV approved its oversize load permit?
Not necessarily. Carriers often argue that state approval of the route shields them from responsibility, but that approval is only as reliable as the information the carrier submitted. If the application contained inaccurate dimensions, a falsified route certification, or other bad data, the state-approved-it defense doesn’t hold up.
What is a route inspection, and when is one required in Texas?
Under Texas regulations, if a load exceeds certain thresholds (20 feet wide, 18 feet 11 inches tall, or 125 feet long), the carrier must have a representative physically drive the proposed route before the trip to confirm the load can safely clear every bridge and obstacle. That person must then sign a certification confirming the route is safe — a document that often becomes key evidence after a crash.
What records should be requested after a bridge-strike or oversized load accident?
Since TxDMV is a state agency, permit files are public records under the Texas Public Information Act. A written request to TxDMV’s Open Records office can produce the permit application, route inspection certification, and related correspondence. Also request preservation of the truck’s ELD/GPS data and dispatch communications, and obtain the Texas Peace Officer’s Crash Report (CR-3) through TxDOT’s crash records system.
Are oversized load carriers subject to federal rules in addition to Texas law?
es. Interstate carriers are also regulated by the Federal Motor Carrier Safety Administration (FMCSA), which oversees driver qualifications, hours-of-service compliance, and vehicle maintenance — all of which can factor into a bridge-strike case. Federal weight-distribution rules are set out separately in federal code, layered on top of the state’s permitting requirements.
