Why Do Trucking Companies Hire Disqualified Drivers?

The trucking industry is facing a shortage of drivers. When a company can’t find qualified drivers, it may cut corners to keep its trucks moving. Some companies may even hire drivers who are disqualified. The disqualification might be because they have histories of engaging in dangerous behaviors, which led to driving violations that should prevent them from holding these positions. The high demand for freight transportation and the pressure to meet delivery deadlines can lead companies to loosen their requirements. Unfortunately, these negligent hiring practices put everyone on the road at risk.

What is a CDL?

A commercial driver’s license, or CDL, is a special license required for those operating large, heavy, or hazardous vehicles in the United States. The license applies to those who drive tractor-trailers and buses. The Federal Motor Carrier Safety Administration (FMCSA) regulates CDL licensing.

To obtain a CDL, drivers must pass a written knowledge and skills test, including pre-trip vehicle inspection, basic vehicle control, and an on-road driving exam.

What disqualifies someone from holding a CDL?

Certain violations, medical conditions, or legal issues can disqualify a driver from holding a commercial driver’s license. The Federal Motor Carrier Safety Administration (FMCSA) sets strict standards to ensure that only qualified individuals can operate commercial vehicles safely.

Major offenses include the following and require a minimum disqualification of one year:

• Driving under the influence of alcohol
• Driving under the influence of a controlled substance
• Having an alcohol concentration of .04 BAC or greater while operating a commercial vehicle
• Refusing to take an alcohol test, as required by implied consent laws
• Leaving the scene of an accident
• Using the vehicle to commit a felony
• Driving a commercial vehicle while revoked, suspended, canceled, or disqualified as a result of prior violations
• Causing a fatality due to the negligent operation of a commercial vehicle

Serious offenses include the following and require a minimum disqualification of 60 days:

• Excessive speeding (15 mph or more over the speed limit)
• Reckless driving
• Making improper or erratic lane changes
• Following the vehicle ahead too closely
• Violating state or local law in connection with a fatal accident
• Driving a commercial vehicle without obtaining a permit or CDL or without a permit or CDL in the driver’s possession
• Driving a commercial vehicle without the proper class license and endorsements
• Violating texting or cell phone laws while driving a commercial vehicle

Commercial drivers must also maintain a medical examiner’s certificate that complies with FMCSA regulations if the type of commerce in which they intend to operate requires it. Medical conditions that can disqualify someone from holding a CDL include:

• Hearing loss
• Vision loss
• Epilepsy
• Insulin use

How do drivers get their CDL back?

Commercial truck drivers can appeal their disqualification. According to the Arizona Department of Transportation (ADOT), drivers who lose their CDLs due to suspension, revocation, or disqualification must retake all written and skills tests and pay reinstatement and licensing fees. Remember that a driver operating a vehicle on public roads without a valid license may be arrested, which can lead to a longer suspension, so it’s important that they go through the proper procedures.

Why would a trucking company hire someone with a disqualified CDL?

The law requires that trucking companies carefully vet their drivers to check that they have safe driving records and are qualified to operate a commercial vehicle. However, some companies still hire individuals with disqualified CDLs, prioritizing their profits over safety.

Today, trucking companies face significant driver shortages, which puts pressure on them to fill positions quickly. They may fail to conduct thorough background checks or intentionally overlook violations and disqualifications because they need to keep goods moving. Other times, they may try to cut costs by hiring drivers willing to accept lower pay due to their disqualification status. When trucking companies hire disqualified drivers, they put everyone on the road at risk, and these decisions can lead to serious accidents. If this negligence results in injuries, the trucking company should be held accountable for putting the public in danger.

How our South Carolina truck accident attorneys can help

At McGowan, Hood, Felder & Phillips, we can help hold the right parties accountable and secure the compensation you deserve after being injured in an accident with an unqualified truck driver. Some ways our attorneys may help you include:

• Investigating the driver’s history. Our team can thoroughly investigate the driver’s background to determine why they were disqualified. We look for issues like prior DUI convictions, reckless driving, or a lack of proper certifications. This information can be important in establishing negligence.
• Hold the trucking company accountable. Trucking companies have a legal duty to ensure their drivers are qualified. We can investigate whether the company knowingly hired a disqualified driver. For instance, we might look for evidence that they failed to conduct background checks.
• Gathering evidence. We collect critical evidence, like employment records, driver logs, and the truck’s black box data, to show any violations that contributed to your accident.
• Dealing with insurance companies. Insurance companies will try to minimize your payout. We know how to counter these tactics, and we can negotiate with the insurance companies and present evidence of the trucking company’s liability.
• File a lawsuit. If necessary and a fair settlement can’t be reached, we are always prepared to represent you in court, using evidence like the driver’s disqualification status and the company’s negligence to build a strong case. We fight for compensation to cover things like your medical expenses, lost wages, pain and suffering, and more.

If you or a loved one have been injured in a truck accident with an unqualified driver, you don’t have to go through the legal process alone. At McGowan, Hood, Felder & Phillips, our South Carolina truck accident attorneys can investigate the details of your case, hold negligent trucking companies accountable, and fight for the compensation you deserve. Let us help you get the justice you need to move forward with your life. Call us or fill out our contact form to set up a free case evaluation today.