Thousands of commercial vehicles travel throughout New Mexico each day. Unfortunately, even careful commercial drivers get into collisions. Truck accidents can happen on the highway, side streets, or parking lots, leaving many innocent victims with severe injuries or even death but what happens when a truck driver has an accident?
As the injured motorist, it is not your responsibility to be concerned about whether a CDL driver loses their license. But the prospect of a suspension or revocation can impact your case nevertheless.
For example, a commercial driver might resist admitting fault if they think they will lose the ability to earn a living as a truck driver.
If you have questions about your options following a truck accident, including how your truck accident claim might affect the truck driver, contact a New Mexico truck accident lawyer at Tawney, Acosta & Chaparro P.C.
When a truck driver has an accident in the USA, they must stop, report the crash, seek medical help if needed, and cooperate with law enforcement. The accident may trigger FMCSA-required drug and alcohol testing, an investigation into fault, insurance claims, and, in serious cases, civil lawsuits or criminal charges.
Key Takeaways
Truck accidents often trigger immediate company investigations, meaning evidence like driver logs, black box data, and maintenance records must be preserved quickly.
Liability may extend beyond the driver, including the trucking company, maintenance contractors, cargo loaders, or vehicle manufacturers.
Federal and state trucking regulations matter, especially when issues like fatigue, hours-of-service violations, or improper training are involved.
A truck accident claim is typically more complex than a standard car crash case, requiring detailed investigation and careful negotiation with commercial insurers.
Trucking Companies Hiring Drivers with Accidents Leads to More Accidents
While most truck drivers are experienced, trained, and excellent at what they do, others are not.
Understanding what happens when a truck driver has an accident also means looking at what led to the crash, including the company’s hiring and safety practices.
Trucking companies that hire drivers must vet the drivers to ensure they have the skills and experience to be trusted behind the wheel of a commercial vehicle and out on the roads and highways.
Trucking companies hiring drivers with accidents leads to more accidents, and the results of negligent hiring can lead to devastating consequences.
Some truck drivers represent a danger for the following reasons:
The truck driver’s driving records—without an active Class C license, a truck driver is unqualified to drive a large commercial vehicle;
Truck driver criminal records—commercial truck drivers addicted to alcohol or prescription drugs will have their driving ability inhibited; and
Inadequate training—after screening drivers, employers are responsible for training and supervising their workers to reduce the risk of truck accidents and keep truck accidents and keep the roads safe.
Companies hiring truck drivers with no experience or failing to provide them with adequate experience and training is also negligent.
If you’re wondering what happens after a truck accident involving a commercial driver, the answer often involves multiple investigations, insurance companies, and federal regulations.
When a commercial truck driver is involved in a crash, the situation can become complicated quickly. Multiple insurance policies, federal trucking regulations, and corporate investigations may all come into play—often before you fully understand your injuries.
You deserve clear information, steady guidance, and someone who can help protect your rights while you focus on recovery.
Commercial Vehicle Accident Procedure for Drug Testing
After an accident involving a commercial vehicle, federal law outlines clear guidance commercial vehicle accident procedure drug testing.
A commercial truck driver must take a drug test in fatal accidents. A truck driver must also submit to a drug test when a person sustains a bodily injury and receives immediate medical treatment away from the scene or when the damage to any vehicle in the accident requires a tow-away service.
Federal laws also require immediate testing for any driver suspected of being intoxicated.
A commercial truck driver must submit to a drug test in most accident scenarios. When a test comes back positive, this provides strong evidence of the truck driver’s negligence.
A positive test can also provide support to demonstrate that the commercial truck driver’s negligence contributed to the victim’s injuries.
CDL Accident in Personal Vehicle
Actions in a personal vehicle can impact a truck driver’s CDL. A commercial truck driver is not required to follow all the same regulations when driving a personal vehicle.
But a commercial truck driver driving a personal automobile is still responsible for driving safely, as is everyone on the road. Certain traffic violations or offenses can result in a license suspension or disqualify a truck driver from holding a CDL.
Under New Mexico law, major violations occurring in a non-commercial vehicle will result in the same disqualifications as those occurring in a commercial vehicle.
Will an accident in a personal vehicle affect my CDL?
An accident in your personal vehicle can affect your CDL. Any crash reported by a police officer will appear on your driver’s license record, potentially impacting your commercial driving status. Insurance carriers may treat it similarly to other accidents.
What to Do If You Lose Your CDL License?
The circumstances of an accident will dictate whether the driver will lose their CDL and, consequently, their job. Depending on how the accident occurred, the driver could lose their license entirely.
What to do if you lose your CDL license? When a driver causes accidents because they are careless, they could lose their commercial driving license and will find it challenging to work as a professional driver in the future. Actions that can lead a CDL driver to lose their license are:
Driving while intoxicated;
Driving too fast, usually at least 15 miles per hour faster than the speed limit;
Leaving the scene of an accident the CDL driver caused;
Engaging in illegal activity with a commercial vehicle; and
Using a commercial vehicle to hurt another driver purposely.
For a complete list of reasons truck drivers can be disqualified, take a look at the Code of Federal Regulations.
How Many Accidents Can a CDL Driver Have in New Mexico?
The New Mexico Motor Vehicle Division outlines CDL testing requirements and guidelines for commercial drivers. The conditions are similar to federal CDL guidelines. Licensing authorities under state and federal law can revoke a CDL for several reasons.
How many accidents can a CDL driver have? If a CDL driver causes an accident or commits major violations, the CDL may be suspended for 60 days or more. During this period, the driver cannot operate a commercial vehicle.
Under federal law, the driver will receive a 120-day minimum suspension for three serious violations within three years. Additional state restrictions may apply.
The CDL will likely be revoked when a CDL driver commits a major offense, such as causing an accident while intoxicated. Some states allow CDL drivers with revoked CDLs to apply for reinstatement after ten years. A second major offense can result in permanent disqualification.
Contact a New Mexico Commercial Truck Accident Attorney Today for Help
At Tawney, Acosta & Chaparro P.C., we fight aggressively to uphold the legal rights of commercial truck accident victims. We have years of experience assisting victims injured in commercial vehicle accidents in Arizona, New Mexico and Texas.
If you or a loved one sustained an injury in a truck accident, it is critical that you speak with an attorney before making statements to the insurance company or accepting any settlements. Let us help with any questions you have after an accident in New Mexico.
If you’re trying to understand what happens when a truck driver has an accident and how it may affect your injury claim, our attorneys can help you understand your legal options.
After a commercial truck accident, law enforcement and the trucking company typically begin investigating the crash. Depending on the circumstances, evidence such as driver logs, electronic logging device (ELD) data, maintenance records, and black box information may be reviewed to determine what happened.
In many situations, yes. Federal regulations require post-accident drug and alcohol testing after certain crashes, including some involving fatalities, injuries requiring immediate medical treatment away from the scene, or vehicles that must be towed. Testing requirements depend on the circumstances of the collision.
Possibly. Whether a commercial driver loses their CDL depends on the facts of the accident and whether any serious traffic violations or disqualifying offenses occurred. Not every truck accident results in a suspension or revocation of a commercial driver’s license.
Liability may extend beyond the truck driver. Depending on the circumstances, the trucking company, a maintenance provider, a cargo loading company, or another responsible party may also be liable for injuries resulting from a commercial truck accident.
Truck accident cases often involve multiple parties, commercial insurance carriers, and federal trucking regulations. Speaking with an attorney can help you understand your legal options and protect important evidence while your claim is being investigated.
Alejandro Acosta is a lifelong El Paso resident and a skilled trial lawyer with extensive experience in Texas and New Mexico courts. He graduated from Cathedral High School and later St. Mary’s University before earning his J.D. from the Sandra Day O’Connor College of Law at Arizona State University, along with an Indian Legal Certificate for his work with tribal nations. Licensed in Texas since 2008 and New Mexico since 2011, Alejandro co-founded Tawney, Acosta & Chaparro P.C. to advocate for individuals and families seeking justice after serious injuries.
