When an accident happens in Ohio, it is common for the government to retain it in motor vehicle records (MVR). A negative CDL record can negatively impact your life in many ways, such as the ability to get jobs, loans, and insurance. The main concern is how long does an accident stay on your CDL record.
Dyer, Garofalo, Mann & Schultz have established that your accident stays in your CDL record for 36 months from the date of the accident. This means even if you have a valid claim for damages following an accident, a negative CDL record can greatly diminish your ability to recover compensation.
If you are concerned about your CDL driving record in Ohio, contact us immediately. An Ohio attorney will help you acquire a copy of your driving record to determine whether there is an issue of concern.
Our extensive research sheds light on the alarming frequency and impact of truck accidents in the United States. In 2022, around 5,936 people died in accidents involving large trucks. Also, the fatality rate increased to 49% from 2% in the last ten years. The fatalities in these accidents involved occupants of other vehicles followed by non-occupants, such as pedestrians and bicyclists.
Ohio’s trucking industry ranks as the fourth largest in the nation. According to the Ohio State Highway Patrol (OSHP), the number of fatal crashes is on the rise. In 2023, a total of 5,383 fatal and non-fatal crashes were witnessed on Ohio roads. The commercial motor vehicle (CMV) fatality rate per 100 million total vehicle miles traveled (VMT) was 2.17, while the CMV fatal crash rate per 100 million total VMT stood at 1.98.
The accidents attract considerable financial liabilities, especially those leading to litigation.
Commercial Driver’s Licenses (CDLs) are issued by state governments, which are responsible for the licensing process. Ohio administers its own set of tests and requirements so applicants can meet the necessary qualifications to operate commercial vehicles. The objective is to certify that drivers are skilled in handling large, potentially hazardous vehicles on public roads.
On the other hand, the FMCSA is tasked with standardizing the requirements for obtaining a CDL. The FMCSA establishes the fundamental guidelines and regulations that all states must incorporate into their licensing processes. This includes setting age limits, medical requirements, and specific testing standards for different classes of commercial vehicles to maintain a consistent level of safety and competency among commercial drivers nationwide.
To further ensure that only qualified individuals receive and retain CDLs, the FMCSA collaborates with the American Association of Motor Vehicle Administrators (AAMVA). The AAMVA supports the implementation of these standards via a variety of programs and initiatives to improve the efficiency and effectiveness of the CDL system. This enhances the integrity of the licensing process so that commercial drivers are adequately vetted and continuously monitored to uphold safety standards on the nation’s roads.
You can lose your commercial driving license because of an accident. However, this largely depends on various factors.
If you are involved in a commercial vehicle accident, the police will assess fault, while insurance companies and employers will conduct their own investigations. Many employers mandate immediate drug and alcohol testing for drivers involved in accidents. Testing positive for alcohol at the time of the incident results in a suspended CDL, effectively ending your employment. The suspension duration can vary based on prior convictions and specific details of the accident.
Minor accidents with a clean driving history may not lead to losing your CDL. However, all accidents impact your driving record and accumulate points that remain on your record. Accumulating too many points or being involved in another incident within a short period could lead to a license suspension.
Here are some factors that determine whether or not you will lose your CDL:
The seriousness of the accident is a major determinant of the potential consequences for a CDL holder. Accidents that cause significant property damage, extensive vehicular damage, or involving multiple vehicles are often scrutinized more rigorously. Severe accidents can lead to harsher penalties, such as longer suspensions or permanent revocation of the CDL.
If anyone is injured in a commercial vehicle accident, the damage can be severe. Accidents causing bodily harm or fatalities prompt immediate and thorough investigations. They also attract stricter legal consequences, including criminal charges, substantial fines, and longer periods of CDL suspension or revocation, especially if recklessness is proven.
Whether the CDL holder is found at fault is key to the outcome. Being deemed responsible for the accident, especially through negligence or violation of traffic laws, can lead to CDL revocations. Conversely, if the driver is not at fault, the impact on their CDL and driving record may be less severe, but it still might affect insurance rates and employment status.
The number of points currently on the driver’s record is a key factor. CDL holders with an already blemished record are at higher risk of facing severe consequences compared to those with clean records. States have point systems where accumulating a certain number of points within a set period can result in license suspension or revocation.
If drugs or alcohol are involved, the penalties are substantially more severe. Testing positive for substances can result in the immediate suspension or permanent revocation of the CDL, along with criminal charges.
In Ohio, CDL holders must adhere to the blood alcohol concentration (BAC) limit of 0.04%. This is only half the legal limit of 0.08% for most drivers and is even below the 0.02% limit for those under 21. If CDL holders get pulled over in Ohio with a BAC of 0.05% or more, they could face DUI charges that may affect their driving record.
Typically, a car accident will stay on your CDL driving record for three years, counted from the end of the year in which the accident took place.
For instance, if you were involved in a car crash on January 1, 2024, the accident would remain on your CDL driving record until December 31, 2027.
The record will contain detailed information regarding the accident, such as:
If you received a criminal conviction following the accident in Ohio, this record might remain on your driving record longer than the accident itself. However, serious offenses, including vehicular homicide, may remain on your CDL driving record permanently.
If you want to check your CDL driving record, you may do so through Ohio BVV’s online record request or by mailing in BMV Form 1173. Usually, employers want to check the driving records of their employees when conducting commercial driver screenings. If you believe there is an error in your record, your CDL attorney will request a review to ensure you retain good CDL records.
There are several ways CDL drivers can be affected after an accident. These include the following:
One of the most immediate and severe repercussions for CDL drivers after an accident is the revocation of their Commercial Driver’s License.
In Ohio, a DUI conviction results in a minimum one-year suspension of the CDL. If transporting hazardous materials at the time, this suspension extends to three years. A second DUI offense leads to a lifetime ban from holding a CDL. Even without DUI involvement, accumulating too many points from violations can also result in suspension.
A suspended or revoked CDL significantly impacts employment. Most trucking companies have zero-tolerance policies for drivers with suspended licenses or those involved in serious accidents.
Consequently, a driver may face immediate job termination. Additionally, finding new employment becomes challenging, as employers are less likely to hire drivers with a history of accidents or substance abuse violations.
Insurance companies view CDL holders involved in accidents or with prior convictions as high-risk. This results in substantially higher insurance premiums for these drivers. Some insurers may even refuse coverage altogether, which limits the driver’s ability to return to work once their license is reinstated.
In cases involving severe accidents, especially where their negligence causes severe injuries or fatalities, CDL drivers may face criminal charges. These include fines, community service, and imprisonment, depending on the severity of the incident and whether factors like recklessness were involved.
Drivers convicted of DUIs or other serious offenses often must complete mandatory education or treatment programs before their CDL can be reinstated. These programs aim to educate drivers about the dangers of impaired driving and ensure they do not repeat their offenses.
Beyond legal and employment consequences, CDL drivers involved in serious accidents often face significant financial losses. This includes the cost of legal fees, higher insurance premiums, loss of income during suspension periods, and potential damages awarded in civil lawsuits filed by accident victims.
If you suffered injuries in a commercial truck crash, contact Dyer, Garofalo, Mann & Schultz today by calling 1.937.222.2222 or using our online contact form. Our Ohio Tiger legal team can fight for your rights following a truck accident.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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