Can You Lose Your CDL After A Car Accident
Impact of a Car Accident on Your Commercial Driver's License
When a commercial driver is involved in a car accident, the repercussions can extend far beyond the immediate damage and injuries.
The incident may trigger investigations, result in additional points, or even lead to the suspension of the driver's license, depending on its severity and the circumstances.
Understanding how such events affect a CDL is essential for maintaining both legal compliance and career stability. The Federal Motor Carrier Safety Administration (FMCSA) oversees these regulations, ensuring that commercial motor vehicles and their drivers adhere to strict traffic laws and safety protocols.
How a Minor Fender-Bender Can Affect Your CDL's Status
If a CDL driver is involved in a minor fender-bender, it will be immediately logged on your commercial driving record, and an automatic drug and alcohol test will be taken.
A positive alcohol or drug result from the car accident can lead to a suspension during the investigation.
Additionally, a traffic violation from a collision can push your CSA score past the threshold, triggering a 30-day suspension.
The data from the truck accident will be used for investigation and accessed only by authorized personnel.
Once the investigation is completed, one point may be added to your CLD license if a minor collision can exceed the 5-point limit. Two or more minor collisions within a 12-month period can trigger a suspension.
Potential Grounds for CDL Revocation After an Accident
When a commercial driver is involved in an accident, the investigation may reveal violations that could result in license revocation.
Various factors, such as fault, substance use, or failure to comply with regulations, can trigger legal action against the CDL holder.
Understanding these grounds helps drivers anticipate potential consequences.
Traffic Violations That Lead to License Loss
After an accident, the most common infractions that trigger CDL revocation are a positive drug or alcohol test, fleeing the scene, transporting contraband, or intentionally using the vehicle to cause harm.
Receiving too many serious violations within a three-year period triggers a 60-day suspension, followed by a 120-day suspension, and can also result in permanent loss under FMCSA regulations.
A serious violation that occurs in the context of a truck accident or vehicle accident may result in a lifetime license suspension if it involves reckless driving or excessive speeding.
Alcohol and Speeding Infractions and Their Consequences
Alcohol-related crashes are treated as permanent suspension offenses by the Federal Motor Carrier Safety Administration; a DUI linked to an accident will trigger an immediate suspension and often a revocation.
Similarly, speeding by 15 mph or more is a major offense; if it results in a truck accident.
Excessive speeding beyond the speed limit or in poor weather conditions can also increase the severity of the offense, potentially leading to permanent disqualification under federal law.
Determining Liability in CLD Driver Accidents
When a commercial driver is involved in an accident, figuring out who's at fault can be complex.
Determining Fault After a Commercial Vehicle Accident
After a commercial vehicle crash, investigators will first map the chain of events, check camera footage, vehicle data, and witness statements to identify if the CDL holder committed a serious traffic violation that led to the accident.
When a fault is attributed to the driver, the DOT may suspend or revoke the CDL.
Common offenses that may make a CDL driver liable for a car accident include:
- Speeding beyond limits
- Failure to yield
- Unsafe lane changes
- Mechanical issues linked to driver negligence
Additionally, law enforcement agencies will often coordinate with FMCSA to determine if a primary offense or serious violation has occurred.
Can a Civil Lawsuit Affect Your CDL Status
A civil settlement following an accident can have a severe impact on a commercial driver's license.
If the settlement agreement imposes a suspension, court-ordered training, or a clause that bars driving until the suspension period is over, the CDL holder will have to comply and may face a CDL suspension that can be appealed only with the assistance of an experienced truck accident attorney.
What Happens to a CDL Driver If They Commit a Major Offense
If the investigation finds evidence that the driver was committing major offenses, such as operating a commercial vehicle with a poor driving record or a history of poor driving, or driving under the influence, the penalties can be significantly increased.
The FMCSA requires a higher standard for qualified drivers, and a single major offense can result in permanent license suspensions, especially if the offense involves reckless driving or other serious violations.
How to Prevent CDL License Suspension After a Truck Accident
After a CDL driver is involved in a commercial motor vehicle accident, the best way to maintain a clean driving record and avoid having their license suspended is to work with a skilled truck accident attorney.
By working with an experienced law firm, a CDL driver will receive protection from opposing parties, insurance companies, and personal liability.
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