What if the truck driver that injured me in an accident had a revoked or illegal license?

The Commercial Motor Vehicle Safety Act was enacted to improve highway safety by ensuring that drivers of large trucks and buses are qualified to operate those vehicles and to remove unsafe and unqualified drivers from the highways. The Act retained the states' right to issue a driver's license, but established the following minimum federal standards which states must meet when issuing a commercial driver's license (CDL):

It must be illegal for CDL holders to possess more than one license;
States must adopt knowledge and skills testing to ensure that individuals required to have a CDL are qualified to operate heavy trucks and buses;
States must established minimum licensing standards and information requirements for the CDLs that states issue.

Driving with a Revoked License Penalties

Truck drivers are required to obtain and hold a CDL if they operate in interstate, intrastate or foreign commerce. Trucking companies are required to do a background checks on every new truck driver to verify their CDL. The companies are also required to perform a periodic check for any new violations or disqualification.

A truck driver's CDL may be revoked or suspended for:

driving while under the influence of alcohol or drugs conviction
leaving the scene of an accident
felony use of commercial vehicle
manufacture, sale or distribution of a controlled substance
serious traffic violation
repeat offenses of speeding, driving recklessly, erratic lane changes or tailgating
causing a fatality through negligent operation of a commercial vehicle.

Within 30 days of a conviction for any traffic violation, except parking, a driver must notify his or her employer, regardless of the nature of the violation or the type of vehicle which was driven at the time. If a trucker's driver's license is suspended, revoked, canceled or if the driver is disqualified from driving, the driver must notify the employer by the end of the next business day following receipt of the notice of the suspension, revocation, cancellation, lost privilege or disqualification.

Employers that knowingly use a driver who has more than one license or whose license is suspended, revoked or canceled or is disqualified from driving, may be subject to civil or criminal penalties. Additionally, if a disqualified driver is involved in a serious accident, the trucking company may be held negligent and legally liable if anyone is hurt or killed.

Negligent truck drivers and their employers do not have the right to ignore the law, and if they do it anyway and other people are hurt, they should be held accountable. Victims of semi truck accidents can sue negligent truck drivers and the trucking companies that employ them to recover financial compensation. Victims can claim medical costs, pain and suffering, loss of quality of life, loss of past and future wages and other damages. For more information, please see our Truck Accident Resource Center.

To contact a lawyer at our law firm for a free consultation about a lawsuit against a trucking company and insurance money, please call 1-888-377-8900 (toll-free) or submit our online form for review by one of our attorneys. We have a proven track record and the resources needed to get you the compensation you deserve.

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