What Happens When a Truck Driver Has a History of Safety Violations?
Written By: BOSS Editorial
Reading Time: 6 minutes
A commercial truck driver’s safety history can become a significant issue after a serious collision. Previous crashes, license problems, traffic violations, out-of-service orders, or drug and alcohol violations may raise questions about whether the driver remained qualified to operate a commercial vehicle and what the trucking company knew before allowing that driver onto the road. Federal regulations require motor carriers to investigate and periodically review specific parts of a driver’s record.
After a collision, a truck accident lawyer in Austin may examine those records alongside evidence from the crash itself. A history of violations does not automatically prove that the driver caused the new collision or that the carrier is independently liable. Texas law contains detailed rules governing how certain driver-qualification and regulatory evidence can be presented in commercial motor vehicle lawsuits, making the connection between the history and the current case particularly important.
Motor Carriers Have Duties Before Hiring a Driver
Federal Motor Carrier Safety Administration (FMCSA) regulations require motor carriers to check the backgrounds of their drivers. According to 49 C.F.R. § 391.23, carriers must get the driver’s motor vehicle record from licensing authorities for the past three years and review the driver’s safety performance history with employers governed by the DOT during that same time. The motor vehicle record must be added to the driver’s qualification file within 30 days of starting the job.
The investigation of previous employers can reveal information about serious crashes and specific drug and alcohol violations. FMCSA’s Motor Carrier Safety Planner also says that carriers need to keep records of their investigations and efforts to contact past employers. If a driver had a troubling safety record before being hired, these documents can show what information was available to the new carrier and whether the necessary inquiries were made.
The Carrier Must Continue Reviewing the Driving Record
Hiring a driver is just the beginning of a carrier’s responsibilities. According to federal regulations, motor carriers must check and review each driver’s motor vehicle record at least once every 12 months. This review helps determine if the driver still meets safe driving standards or if they have become disqualified from driving a commercial vehicle.
The Federal Motor Carrier Safety Administration (FMCSA) states that carriers should not just do a basic check of the official record. They must also consider other information about the driver’s background, including traffic violations, criminal offenses, involvement in crashes, and any signs of disregard for public safety. The FMCSA highlights that speeding, reckless driving, and driving under the influence are serious issues that carriers must watch for during their review process.
Some Violations Can Affect Whether the Driver May Operate
A poor safety history can lead to more than just a bad job review. Federal rules can disqualify commercial drivers in certain situations. Texas law states that disqualification under federal rules during a crash can be important evidence in some commercial vehicle lawsuits.
This law also addresses other driver status issues, such as whether the driver had the right license, broke any restrictions, was under an out-of-service order, or met medical certification requirements. Previous safety issues vary in importance based on their nature and impact on the driver’s legal status at the time of the accident.
Drug and Alcohol History Has Its Own Federal Review System
Commercial drivers who must follow federal drug and alcohol testing rules are also included in FMCSA’s Drug and Alcohol Clearinghouse. Before a driver can perform safety-sensitive tasks, employers must check the Clearinghouse for any issues as part of the pre-employment process. Employers are also required to check the system at least once a year for all current covered drivers.
A driver who has not resolved their violations cannot continue to work in safety-sensitive positions. According to Section 382.701, employers cannot allow drivers to perform these functions if the Clearinghouse shows specific unresolved violations, such as certain positive drug tests, qualifying alcohol results, test refusals, or reported prohibited use. This is only allowed if the driver has met the necessary return-to-duty requirements.
Driver Records Can Become a Major Part of the Investigation
After a truck accident, the driver’s history may be spread across several types of records rather than one file. The significance of each record depends on what it shows and how it relates to the collision. Materials that may be examined can include:
- Motor vehicle records obtained during hiring
- Annual driving-record reviews
- Prior-employer safety-performance inquiries
- Driver qualification documents
- Licensing and restriction information
- Road-test or equivalent qualification records
- Medical qualification records
- Clearinghouse query information when applicable
- Documentation concerning prior qualifying crashes
The FMCSA requires specific records to be kept in driver qualification or investigation-history files. Reviewing these records can show if a violation was isolated, if new violations occurred during employment, and if the carrier met federal review requirements. A record alone does not prove negligence; its importance depends on the legal claim and the details of the collision.
Texas Law Controls How That History Can Be Used in Court
Texas has specific procedural rules for lawsuits arising from qualifying commercial motor vehicle accidents. Under Civil Practice and Remedies Code Chapter 72, an employer defendant can seek a bifurcated trial. When the employer stipulates that the driver was its employee and was acting within the scope of employment, the statute can limit ordinary negligence claims against the employer during the first phase.
Section 72.054 nevertheless identifies particular evidence that can be presented in qualifying cases, including driver licensing, federal disqualification, out-of-service status, certain testing requirements, and whether the employer made investigations required by 49 C.F.R. § 391.23 when the statutory conditions apply. The statute specifies how this evidence may be used to prove ordinary negligent entrustment during a bifurcated trial, so a driver’s prior violations cannot simply be introduced without regard to the Texas framework.
A History of Violations Does Not Automatically Create Punitive Damages
A long or serious driving history may prompt questions about whether a trucking company consciously ignored a safety problem. Texas law sets a much higher standard for exemplary damages than for ordinary negligence. Civil Practice and Remedies Code Section 41.003 requires clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. Ordinary negligence alone cannot satisfy that burden.
Texas defines gross negligence as conduct involving an extreme degree of risk, viewed objectively at the time, together with the defendant’s actual subjective awareness of that risk and conscious indifference to the rights, safety, or welfare of others. Chapter 72 expressly preserves claims for exemplary damages involving an employer’s conduct or omissions in a commercial motor vehicle collision, but whether those requirements are met depends on the evidence in the particular case.
The Key Question Is What the History Reveals
A driver’s past violations can influence the investigation of a truck crash. Federal rules require companies to check a driver’s safety history before and after hiring them, review driving records during employment, and verify drug and alcohol information when needed. These steps create a record of what the company learned and how it reacted.
Investigators must consider the nature of past violations, their impact on the driver’s qualifications, what the company knew or should have checked, and how Texas law allows this evidence to be used. This helps determine if a past violation is relevant to the crash and the company’s actions.
