A truck driver doesn’t have a set number of accidents they can have before losing their license; the key factor is the severity and circumstances of each accident, meaning a single serious accident could have more consequences than multiple minor ones, and the driver’s overall record is considered, not just the number of accidents.
Driving Violations That Can Cause Loss of a CDL
Federal regulations state clearly that a person required to have a CDL who is disqualified from holding a CDL is prohibited from driving a commercial motor vehicle. Further, an employer must not knowingly allow, require, or permit a disqualified driver to drive a commercial vehicle.
Below are several federal violations that can lead to the revocation of a CDL. Under some circumstances, the driver will lose their CDL regardless of the type of vehicle they were operating. Mississippi’s rules for CDL drivers mimic the federal government’s.
Consequences of Truck Accidents
A trucker will face fines and penalties, lose their commercial driver’s license, and lose their employment if convicted of:
- Operating a vehicle while under the influence of alcohol as prescribed by state law (i.e., 0.08% blood alcohol concentration or more or 0.02% for drivers under 21 in Mississippi).
- Having a blood alcohol concentration of 0.04% or greater while operating a CMV
- Being under the influence of a controlled substance
- Refusing to take an alcohol test
- Leaving the scene of an accident
- Using a CMV to commit a felony other than a felony involving manufacturing, distributing, or dispensing a controlled substance or a felony involving an act or practice of severe forms of human trafficking, as defined and described in 22 U.S.C. 7102(11)
- Driving a CMV on a revoked license as a result of prior violations committed operating a CMV
- Causing a fatality through the negligent operation of a CMV, including crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide
On a first conviction of any of the above, the driver will lose their CDL for one year regardless of the type of vehicle they were driving. If they were operating a CMV transporting hazardous materials, they lose their CDL for 3 years. For a second drunk driving conviction or for refusing a sobriety test for any other violation in a commercial or noncommercial vehicle, they lose their CDL for “life.” (After a revocation for “life,” the driver may apply for reinstatement after ten years.)
A driver convicted of using a CMV to commit a felony involving manufacturing, distributing, or dispensing a controlled substance or a felony involving an act or practice of severe forms of human trafficking will lose their CDL for life and not be eligible for a 10-year reinstatement.
Additional violations leading to the loss of a CDL include:
- Speeding 15 mph or more above the regulated or posted speed limit
- Driving recklessly in wanton disregard for the safety of persons or property
- Making improper or erratic traffic lane changes
- Following the vehicle ahead too closely (tailgating)
- Violating state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident
- Violating a state or local law or ordinance prohibiting texting while driving a CMV
- Violating a state or local law or ordinance restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV
On a second conviction of any of the above within a three-year period in a CMV or a non-CMV, the driver will lose their CDL for 60 days. On a third conviction of any of the above within a three-year period in a CMV or non-CMV, the driver will lose their CDL for 120 days.
A CMV driver can also lose their CDL for violating regulations pertaining to:
- Coming to a stop before crossing railroad tracks or slowing and adequately checking tracks before crossing (no less than 60 days on a first conviction, 120 days on a second conviction in three years, or one year for a third or subsequent conviction in three years)
- Violating a driver or vehicle out-of-service order to not drive or for a vehicle to not be driven (180 days-1 year on a first conviction, 2-5 years for a second conviction in 10 years, 3-5 years for a third or subsequent conviction in 10 years)
It is also possible that an employer will terminate the employment of a truck driver upon an accident or for any other violation. However, if the driver retains their CDL, they would still be able to operate a commercial vehicle.
Truck drivers and trucking companies are required to have commercial liability insurance if they cause a truck accident. Pursuing fair compensation from an insurance company after a truck accident can be challenging. If the insurance company denies your claims, you may need to pursue a personal injury lawsuit to demand justice. You will benefit from having a Gulfport personal injury attorney guide you through the legal process of developing a personal injury case.
Do You Have a Question? Contact Our Gulfport, MS, Law Firm Today
If you or a loved one has suffered serious injuries in a large truck accident in Gulfport, Mississippi, the experienced attorneys at Haug, Farrar, Franco & Ruiz, PLLC will demand a financial recovery for your medical expenses, lost wages, and other damages. Contact our Gulfport truck accident lawyers through our online form or call us at (228) 872-8752 for a free case evaluation today.