Will I Lose My CDL? Truck Drivers’ Rights After Causing an Accident

As a truck driver, you must search for a “truck accident lawyer near me“ to know your rights and what to do in cases of serious injuries, your personal injury claim, and the state of your license.

In 2021, Canada saw a 20% decrease in commercial vehicle collisions compared to 2012, with 36,031 incidents reported. This trend, however, was relatively stable between 2012 and 2019, with a slight 1% decrease. Although there is a decrease, mishaps may still happen due to various causes.

Knowing your rights can help you avoid losing your license and livelihood.

Key Takeaways:

• A trucker can lose their license after a casualty, especially if they are at fault.
• A trucker at fault in an accident faces a three-year record mark.

Commercial Vehicular Accidents

A commercial vehicle collision occurs when a transportation used for business purposes, such as a semi-truck, delivery truck, bus, or taxi, is involved in a collision. An individual vehicle can be a commercial vehicle if you use it for business purposes.

Common Causes of Accidents:

Driver-related factors are a leading cause of accidents. Fatigue is a common contributor. Long hours on the road can impair judgment and reaction time.

• Under the influence of alcohol or drugs. Substance abuse severely compromises the ability to operate a heavy automobile safely. May lead to reckless behaviour and increased casualty risk.
• Distracted. Texting or talking on the phone diverts attention from the road.
• Lack of experience or training. New drivers may lack the experience to handle complex situations in adverse weather conditions or heavy traffic.

Non-Driver Related Factors

• Vehicle Maintenance: Poorly maintained transportation can lead to failures, such as tire blowouts or brake malfunction.
• Cargo Securement: Improperly secured cargo can cause the loss of control or even tip over.
• Road Conditions: Weather conditions, such as heavy rain, snow, or fog, reduce visibility and increase the risk of accidents.

Can I Lose my CDL?

Yes, a truck driver (or trucker) can lose their license after a mishap, particularly due to negligence or a traffic violation. The specific consequences, such as license suspension or revocation, depend on the violation’s severity and nature. When under the influence of drugs or alcohol, it can lead to more severe penalties.

Sometimes, people encounter unfair charges or punishments due to the law. One Quora user shared his experience as a truck driver and how the law and people treated him unfairly.

“Being a truck driver is a lot like being married. Everything that happens is always your fault. When it comes to accidents we are treated like second class citizens. We’re held to a higher standard. We’re guilty until we can prove ourselves innocent.”

Some drivers involved in accidents face license suspension, revocation, and bankruptcy as they fight legal battles to protect their rights. They may also suffer from lasting psychological trauma.

What Happens After a Commercial Motor Vehicle Accident

Even cautious commercial drivers can be involved in collisions. These collisions can occur on highways, side streets, and in urban areas and can lead to serious trucking crashes or catastrophic injuries. Losing your license may depend on how the investigation goes and the incident that occurred.

Investigation

Trucking companies have a strong incentive to investigate accidents quickly to determine the cause and limit their financial liability. Many collisions result in severe injuries and compensation claims for victims. To protect their interests, companies dispatch investigators to the scene to gather information and interview witnesses.

You need to file reports with your employers, which can provide valuable information about the incident.

Settlement Negotiations

You must have insurance coverage through your employer. Negotiating a settlement with an insurance provider can be complex and time-consuming. Consult with an attorney to know your rights and navigate the process effectively. Insurance companies may employ aggressive tactics to minimize payouts by offering initial settlements far short of the damages incurred. Companies will find ways to blame their employees.

Who Gets the Blame?

Large vehicles cause multi-accidents, so legal cases are complex, and liability is difficult to determine.

Several parties can be held liable for a collision, depending on the specific circumstances:

• Drivers are responsible for safe operation. Negligence, such as speeding, distraction, fatigue, or under the influence, can lead to liability.
• The owner of the vehicle is liable for maintenance failures, such as faulty brakes or tires.
• Companies are responsible for violations like overloading, poor maintenance, or forcing drivers to exceed hours-of-service regulations. They may also be liable for accidents caused by their employees.
• Defective parts or design flaws can lead to accidents and manufacturer liability.
• Loading companies may be liable for negligent loading practices.

Suspension of CDL or Consequence

Truckers must report serious accidents within 24 hours. A serious collision involves property damage, such as a casualty requiring a tow truck.

Severe consequences, including:

• Loss of CDL: A commercial driver’s license (CDL) is important for many trucking jobs. A serious accident can lead to license suspension or revocation.
• Legal Penalties: You face fines, community service, or even jail time, especially in cases of severe negligence. 

If a driver is at fault, the incident will remain on their record for three years. 

What To Do— Know Your Rights

Trucking accidents are far more complex than car accidents due to the vehicle size and the intricacies of trucking regulations.

1. You have the right to seek compensation for all expenses from physical injuries sustained from the event, including hospital stays, surgeries, medications, and therapy. Just like car accident claims, your insurance company must compensate these expenses.
2. If your injuries prevent you from working, seek compensation for lost wages. This may also include future lost earning capacity if your injuries result in long-term disability. Learn your rights by reading more on personal injury law. A personal injury lawyer can help you further get the claims you need.
3. Claim damages for physical pain, emotional distress or psychological injuries, similar to car accident victims.
4. Consulting with a trucking accident attorney can help you understand your rights, help with the legal process, and maximize your compensation. Hiring a car accident lawyer is different from hiring a professional who knows more about cases related to your situation.
5. You may have the right to file a lawsuit against the at-fault parties to recover damages.

The Importance of Legal Counsel

Truckers have the same liberties as any other driver, with the presumption of innocence until proven guilty. However, due to trucking companies’ high insurance coverage, they become targets in accident claims. Insurance companies may try to assign blame to the truck driver, citing minor violations like logbook errors, out-of-service equipment, or missing lights.

Consult with an experienced trucking accident attorney. They can help you:

1. If you’re involved in a commercial vehicle accident, a trucking lawyer can provide legal support to protect your rights and interests.
2. Lawyers are well-versed in Transport Canada regulations and can help you comply with these regulations to mitigate the risk of penalties.
3. They can assist you in negotiating and drafting contracts with your company, such as rate and lease agreements, to safeguard your rights and fair compensation.

Choose an Experienced Legal Team

When selecting a lawyer to represent you, find someone who specializes in trucking law and has experience handling cases in Calgary. Here are key questions to ask legal counsel:

1. Years of Practice: How long have you been practicing law, particularly in the field of trucking?
2. Truck Driver Case Experience: Have you handled cases involving truckers, and if so, what were the primary issues?
3. Success Rate: What is your success rate, and can you provide specific examples of cases?
4. Regulatory Expertise: Are you familiar with the complex web of federal, state, and local regulations that govern the industry?
5. Client Communication: How frequently will you communicate with me throughout the legal process, and what methods of communication do you prefer?
6. Fee Structure: Can you explain your fee, including hourly rates, contingency fees, or other payment arrangements?
7. Client References: Can you provide cases of past clients who were truckers?
8. Legal Strategy: How do you approach settlement negotiations and courtroom representation? What is your preferred strategy for achieving the best possible outcome?

Protect Your License, Know Your Rights

Truck drivers are subject to stricter regulations and higher safety standards than regular drivers. People expect them to be more equipped to manage situations to prevent further damage, but sometimes it’s unpreventable. A skilled attorney can support you if you’re facing legal challenges or potential CDL revocation. Get a free consultation at Sidhu Personal Injury Lawyers Calgary.

Frequently Asked Questions