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Attorney Greg Deans and Attorney Katie Stepp

Commercial trucker licenses are key in accident cases

On Behalf of | Jan 22, 2025 | Trucking Liability

Many factors can contribute to a truck accident. One that is inherently avoidable is an unqualified driver operating the truck. When the driver did not have the required credentials, it could be a fundamental piece of evidence in a lawsuit to recover compensation for the injured.

From the trucking company’s perspective, it is vital that they show the driver was properly certified and trained as this could be fundamental to the defense. Knowing the law for securing a commercial driver’s license (CDL) is useful for the injured party and the company. Both sides must pay attention to this crucial aspect as they craft a plan to proceed.

What are the requirements for a CDL?

In Texas, there are several criteria for a prospective commercial driver to have a valid CDL. They must be at least 18 to drive in the Lone Star State and 21 to go across state lines. They need to have proper training from a program that has been approved by the Federal Motor Carrier Safety Administration.

They need to have taken a variety of tests including vision, written tests and driving tests. Their medical history cannot have a past issue with high blood pressure that is treated with medication, respiratory problems, diabetes requiring insulin, substance abuse, and other health concerns.

Employers are also required to adhere to certain responsibilities with their drivers. The driver cannot operate a commercial vehicle while their license has been suspended or they have been disqualified. The driver, the company or the vehicle itself cannot be out of service.

The driver cannot have more than one commercial license apart from the 10 days on the date in which the license was issued. They must have passed a background check and be free of having drugs in their system. They cannot have had safety violations or criminal convictions.

One of the first things that must be done after there is a truck accident is to make sure the trucker was legally allowed to be operating the vehicle. As with any tort litigation, this can be viewed from the perspective of the injured party and the truck company that is mounting a defense against a legal claim. Knowing the law and the driver’s history is key to the case, regardless of whether it is a person seeking compensation or a truck company is fighting a claim.