As a commercial driver, your CDL is your lifeline. It’s your ticket to earning a living and keeping the country moving. So, naturally, any accident, big or small, can feel like a major setback. One of the most common concerns drivers have is: how long does an accident stay on your CDL record? It’s a crucial question because accidents can impact job prospects, insurance rates, and even your career trajectory.
This post explores CDL accidents, how they affect your record, and what you need to know about this often-complex aspect of commercial driving. We’ll explore different types of trucking accidents, how long does an accident stay on your CDL record, their lasting implications, and most importantly, equip you with practical steps to move forward.
Table Of Contents:
- Understanding the CDL System and Accidents
- Factors Affecting How Long an Accident Stays on Your CDL Record
- Can I Get an Accident Removed from My Record?
- What to Do After a CDL Accident?
- 3. Report the Accident
- Minimizing the Impact: Proactive Measures
- FAQs about
How Long Does An Accident Stay on Your CDL Record - Conclusion
Understanding the CDL System and Accidents
A CDL isn’t just a piece of plastic – it’s a symbol of responsibility and skill. Commercial Driver’s Licenses exist to ensure anyone operating large, heavy, or hazardous material-carrying vehicles on public roads has the knowledge and skills to do so safely. Because of the inherent risks associated with these vehicles, CDL holders are held to a higher standard.
The Impact of Accidents
When an accident occurs, it can leave a mark on multiple records. Here’s a breakdown:
- Driving Record: In almost every state, accidents resulting in injuries, fatalities, or significant property damage get recorded on your personal driving record, officially known as a Motor Vehicle Report (MVR).
How long does an accident stay on your CDL record
varies by state? Most states retain accidents for around 3-5 years. This duration might extend depending on the accident’s severity, like DUIs or reckless driving convictions, which stay longer. You can obtain a copy of your driving record through your state’s Department of Motor Vehicles (DMV) website or by visiting a local DMV office. - Pre-Employment Screening Program (PSP): The Federal Motor Carrier Safety Administration (FMCSA) uses the PSP to track commercial truck drivers’ safety performance. If you’re involved in a crash while driving a CMV that requires a DOT report, it affects your carrier’s CSA score. Serious traffic violations and crashes stay on your PSP record for five years and are accessible by potential employers. Even accidents that weren’t your fault show up here. This can influence their insurance companies premiums and their ability to secure contracts.
- Carrier Safety Measurement System (CSA): Your carrier’s safety record is a significant factor. Even accidents that weren’t your fault show up here.
- Drive-A-Check (DAC): This private reporting system, managed by HireRight, gives carriers more information about your employment history. If you were on the job when an accident happened, even in a personal vehicle, it might be reported to DAC. This information can affect your future job opportunities in the trucking industry. You can request a copy of your DAC report from HireRight and even challenge inaccuracies.
Factors Affecting How Long an Accident Stays on Your CDL Record
While the typical timeframe is 3-5 years, the exact duration varies. Here’s why:
State Laws and Regulations
Each state has its own set of rules on maintaining driving records. Refer to your state’s guide to driving records or their DMV website for specifics.
Severity of the Accident
Minor fender benders without personal injuries might not stay on your record for as long as serious accident affects and involves injuries, fatalities, or substantial property damage. For example, a DUI conviction stays on your record much longer than a simple speeding ticket.
Type of Violation
Moving violations associated with an accident, like excessive speeding, reckless driving, or driving under the influence of drugs or alcohol, will impact the length of time an truck accidents stay on your record.
Fault Determination
Were you deemed at fault, or was it a no-fault accident? In a no-fault state, your insurance company typically covers damages regardless of fault, but the accident might still appear on your record. If you weren’t at fault and have evidence to support this (police report, witness testimonies), disputing the accident’s recording could be worthwhile. This could lead to its removal or correction, especially if there were inaccuracies in the initial report.
Can I Get an Accident Removed from My Record?
Completely removing an accident from your CDL record is often tricky. But you’re not stuck with a bad record forever. The most common ways to try are:
Wait It Out
The good news is accidents eventually fall off your record. So long as your record remains clean for the required duration (usually a set number of years), it gets expunged. This means your future employers or insurance providers won’t see it. However, it’s essential to confirm the exact duration with your state’s DMV or relevant authority.
“Not Preventable” Accidents
If an accident was beyond your control—sudden mechanical failure, unforeseen road hazards, or another driver’s actions—and if you have documentation (like a police report), consider challenging the accident’s record through the FMCSA’s Crash Preventability Determination Program (CPDP). You’ll need to show that it meets certain standards. If successful, the accident can get marked as “not preventable” on your PSP record. This distinction is crucial when employers review your driving history.
Requesting Expungement (in some states)
Some states allow you to request the expungement or sealing of specific violations, potentially including certain types of accidents, after a set period of time and under specific circumstances. You usually need to meet eligibility criteria, such as maintaining a clean driving record for a designated time frame. Researching and contacting your state’s DMV to see if you qualify and learn about their procedures is essential.
What to Do After a CDL Accident?
Knowing the steps to take after a CDL accident can help you avoid unnecessary complications:
1. Prioritize Safety First
Ensure your well-being and the safety of those involved. Move vehicles to a safe location if possible. Contact emergency services if needed.
2. Gather Information
Exchange information with involved parties, including driver’s license numbers, contact details, and insurance details. Gather as much information at the accident scene as you safely can, as this can prove crucial for insurance purposes or potential disputes in the future.
Details to note are:
- Date and time
- Weather and road conditions
- Location
- Photos and videos
- Damage to vehicles
- Witness contact info
- Officer info
3. Report the Accident
If required in your state or based on the severity of the accident, report it to the DMV or local law enforcement. Requirements for reporting accidents vary from state to state.
4. Contact Your Insurance
Report the accident to your insurance company immediately and follow their procedures for filing a accident claim. Some policies might have time limits for reporting. While you might think about settling the matter privately to avoid insurance complications, especially for minor incidents, doing things by the book by informing your insurance provider is best. Sometimes, seemingly minor incidents might have hidden damages that only become apparent later. In such cases, having reported it can save you from potential disputes down the line.
Minimizing the Impact: Proactive Measures
It’s not always possible to predict accidents, but taking proactive steps can mitigate their severity:
Brush Up on Defensive Driving Techniques
Enroll in refresher courses. Defensive driving focuses on anticipating and reacting to potential hazards on the road. Even experienced drivers can benefit from a skills tune-up.
Adhere to Hours-of-Service Regulations
Avoid fatigued driving. It’s crucial to understand and comply with regulations to prevent driver fatigue. Fatigue impairs judgment and reaction time, making accidents more likely. By adhering to HOS rules, you ensure adequate rest, minimizing the risks associated with fatigued driving.
Regular Vehicle Maintenance
Well-maintained vehicles are less prone to malfunctions. Addressing even small issues like faulty lights or worn tires promptly makes your vehicle safer for you and others. This simple step showcases a commitment to road safety and responsible vehicle ownership.
FAQs about
How Long Does An Accident Stay on Your CDL Record
How long does an accident stay on your CDL record
in Maryland?
In Maryland, like many states, accidents typically stay on your CDL record for about 3 to 5 years. This aligns with the general duration for accident record retention in most states, though it’s always best to confirm with the Maryland Motor Vehicle Administration for the most accurate and up-to-date information.
How long does an FMCSA violation stay on record?
FMCSA violations, recorded in the Clearinghouse, stay for 5 years. This includes violations like drug and alcohol violations, HOS infractions, or violations found during roadside inspections. It’s worth noting that these records are available to potential employers during background checks. Keeping your FMCSA record clean is important to your career prospects in the trucking industry.
Conclusion
Understanding ”
how long does an accident stay on your CDL record
” isn’t about obsessing over timelines, but taking control. Equip yourself with knowledge, prioritize safety, and approach your driving career with awareness. Remember, your CDL represents more than a license – it signifies responsibility on the road.
