In Tennessee alone, hundreds of truck accidents happen every year, leaving victims and their families asking one important question: could it have been prevented? In most cases, the answer is yes, because negligence is oftentimes a factor.

From driving while fatigued to talking on a cellphone, failing to maintain a safe driving distance to improperly maintaining a vehicle, there are a number of negligent acts that are primary causes in most truck crashes in our state and throughout the nation. With the help of a new Federal Motor Carrier Safety Administration rule though, the risk of colliding with one of these dangerous drivers could become less and less likely with each passing year.

That’s because the FMCSA has introduced a new rule that will make it possible to pull unsafe truck drivers off the roads as well as the authority to shutdown careless trucking companies. Under existing rules, shutting down a trucking company requires an extensive audit that oftentimes takes several days to complete. The new rule would allow the federal safety agency to bypass the auditing process, instead allowing it to base a shutdown decision on highway violations collected during routine truck inspections.

Though some in the trucking industry worry that the violations recorded at road-side stops will give FMCSA agents a skewed perspective of a trucking company’s actual safety record, some outside of the trucking industry believe the new rule is exactly what drivers nationwide have been looking for in the way of preventative measures.

In years passed, more and more news reports have pointed to a growing number of serious safety violations that have been the cause of a number of truck crashes, including driver fatigue and poor vehicle maintenance. By utilizing the new rule, the FMCSA hopes to catch problem drivers and companies before their actions injure or kill an innocent person. By bypassing the auditing process, the FMCSA can do this faster as well as reduce the number of crashes caused each year in our country.

Source: The Wall Street Journal, “Federal Regulators to Toughen Truck Safety Rules,” Loretta Chao, Jan. 15, 2016

Trial attorney F. Braxton “Brack” Terry focuses his law practice on representing injured people in a wide range of personal injury claims, including cases involving truck crashes, car accidents, defective products, premises liability, and more. His efforts have secured significant verdicts and settlements, including over $20 million for a large group of plaintiffs, and recoveries of $5.3 million, $4.1 million, $3.6 million, $3.1 million, $2.49 million, and high-six-figure amounts for individuals.

Brack has received numerous professional honors from prestigious organizations. Most recently, he was named “Lawyer of the Year” by Best Lawyers® for Personal Injury Litigation in Knoxville in 2026. He has been listed in Best Lawyers® every year since 2013 and by Super Lawyers since 2009. Brack has been a member of the Multi-Million Dollar Advocates Forum since 2007.

Brack earned his law degree from the Nashville School of Law in 1996. In addition to membership in the Tennessee Bar, he is admitted to practice before the U.S. District Court for the Eastern District of Tennessee and the U.S. Court of Appeals for the 6th Circuit. Brack is a member of many professional organizations, such as the Tennessee Trial Lawyers Association, the American Association for Justice, and the Interstate Truck Litigation Group.

Admitted to Tennessee Bar: 1996
Years of Legal Experience: 30
Listed in The Best Lawyers in America®: 2013-Present
Listed as a Mid-South Super Lawyer: 2009-Present