The laws regarding losing your CDL license vary from state to state, depending on the location of your accident and your licensing state’s laws.
According to the general rules, even if you’re found to be at fault for the accident, you might be able to continue driving. The results also depend on your employer’s policies and the percentage of your fault. Let’s see some more details concerning truck accidents and CDL loss.
After a Truck Accident
Truck accidents tend to be more dangerous than ordinary car accidents, and police and insurance companies thoroughly investigate them. The companies – along with the police and your employer – will determine who was at fault and assign percentages based on the evidence. This investigation might take some time, and you should remember that commercial drivers are held to higher standards. You might be ticketed for driving violations, but your employer might decide to fight the official verdict in court.
Fines and points against your driving license tend to be heavier for commercial truck drivers than those levied against personal drivers. You will likely face mandatory drug and alcohol testing immediately following the accident regardless of the evidence. If the tests return positive for drug or alcohol use, you can be immediately fired and face criminal charges. If your test is clean, you still face multiple steps in the investigation process.
Can You Keep Your Job and Career?
Minor accidents probably won’t cause you to lose your job or CDL license. Employers generally understand that unexpected accidents can happen even for experienced and careful drivers. However, some employers might have particular prejudices, and you could lose your job. On the other hand, if the circumstances aren’t too serious, you can find employment elsewhere immediately or after any mandatory license suspension. The most serious offenses include drug and alcohol abuse, vehicular manslaughter, and fleeing the scene of an accident.
Most commercial truck drivers know that CDL licensees must follow certain rules, and violations can result in various penalties, including temporary or permanent loss of your CDL. In addition, you can be disqualified for health reasons or legal violations unrelated to an accident.
Causes for Disqualification
You can lose your CDL license for failing to meet the required qualifications or if you get into accidents involving your personal vehicle. You can lose points on your license for routine driving violations as well. Criminal offenses – even those unrelated to driving – can also result in disqualification. Serious violations include the following:
- Speeding 15 mph or more over the speed limit.
- Charges of following a vehicle too closely two or more times.
- Driving a commercial vehicle or truck without possessing a copy of your CDL license.
- Making erratic lane changes.
- Reckless driving.
- Driving while distracted.
- Driving the wrong class of vehicle.
- Driving any vehicle that results in a fatal or near-fatal injury.
- Failing to comply with local state laws such as offering mandatory accident assistance or operating a vehicle while possessing alcohol without a permit.
Modern truckers face numerous challenges regarding insurance, the law, employment, work permits, licenses, and so on. Therefore, one of the first things drivers need to do in all truck accidents is getting in touch with their attorney. When the CDL is on the line, specialized truck accident lawyers are more than necessary.
Ohio-specific Laws and Regulations
According to Ohio authorities, you can lose your license for various infractions that include the following:
- Using any vehicle in the commission of a felony.
- Failing to stop after an accident.
- Causing a fatality from driver negligence.
- Being held partly responsible for any traffic fatality.
- Disregarding other drivers’ or passengers’ safety.
- Operating a handheld mobile device while driving.
- Texting while driving.
- Driving under a suspended license.
- Refusing a drug or alcohol test.
Disqualifications for offenses in Ohio can run from 60 days to a lifetime.
Getting Legal Help for Your Case
It’s critical to hire a knowledgeable attorney to fight any effort to disqualify you or support your rights as a CDL license holder when involved in any accident. Even personal accidents and tickets can affect your career and ability to continue working as a commercial driver. So contact a truck accident lawyer in Dublin, OH, to protect your rights and prove that you weren’t at fault.
Even if you were partly responsible, an attorney could help you come through the investigation with minimal consequences. Even if Ohio is a “fault” state when it comes to vehicular accidents, the right attorney will help you navigate the murky waters of a truck accident’s legal aftermath without you seeing your finances and life ruined.
Author: With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.