As a professional driver, the responsibility to keep the Commercial Driver’s License record clean is important for your career path. But when an accident happens, what is going on? How long does an accident stay on your CDL record, and how does it affect your future driving opportunities? It’s very important to know what happens in relation to an accident on your CDL record so that you can keep your livelihood and not have further penalties imposed upon you for remaining in good standing with employers and regulatory authorities. What you need to know about accident timing and your CDL record is going to be further discussed in this article.
How long does an accident stay on your CDL record?
Typically, an accident will remain on your CDL record for three years from the date the accident was reported. The general rule is for most standard accidents, but specific duration does vary based on:
The severity of the accident
If the accident involved major damage or injuries or even a fatal accident, then it could stay on your record for longer. More serious violations, like reckless driving or causing death, would have longer reporting times or, in the worst cases, lead to permanent records.
State and federal laws
Depending on the nature of the accident, certain states and other jurisdictions, most notably those subject to the FMCSA, have different retention periods. Severe incidents could flag you in these systems longer and impede your ability to work across state lines.
Type of infraction
The time it remains on your record depends on the surrounding circumstances that led to the accident, be it DUI, a hit-and-run, or other felony-type offenses. These are usually considered more severe, for which longer reporting periods are typically allowed.
Company Policies
Most trucking companies have rules that delve deep into driving history, sometimes even as long as five to seven years. While an accident may officially fall off your record in three years from your CDL record, some employers and insurance companies will go further when it comes to looking at your driving history.
Multiple accidents or violations
If you have in excess of one accident or violation in your record, then that duration period increases. When there are too many points or violations, that triggers more serious penalties such as suspension and permanent revocation of your CDL.
It is important to note that although an accident remains on your CDL record for a period of three years, this does not mean it just disappears thereafter. Your full driving history still remains available to employers and state agencies. This could include accidents further back, depending on the nature of your violations and company review practices. Therefore, keeping a clean driving record is important as far as minimizing long-term effects on your driving career and protecting your CDL status is concerned.
Can you lose your CDL due to an accident?
Yes, you can lose your CDL after a serious accident, but it all depends on other important factors. How severe the accident was, whether or not it was your fault, and whether there were any type of aggravating circumstances such as driving under the influence, reckless driving, or injury or death will depend greatly on the consequences.
The following are some critical factors that may lead to the suspension or revocation of your CDL:
- The severity of the accident: If there was significant property damage or injury or a fatal accident, it can be punished more seriously and may lead to the possible loss of a CDL.
- Determining fault: If you were at fault in the accident, the chances of your CDL being suspended will increase, especially in patterns of unsafe driving.
- License suspension or revocation: Receiving too many moving violations or accidents involving your commercial license will result in permanent revocation of your CDL, by federal law.
- The involvement of drugs or alcohol: If there were drugs or alcohol involved in the accident, among other things, can have an immediate suspension or revocation of your CDL as dictated by the federal regulations.
While a minor accident might not necessarily result in the automatic revocation of your CDL, multiple offenses, serious infractions, or unsafe driving behaviors can finally result in the suspension or loss of your commercial driving privileges.
Can I get the accident removed from my CDL record?
Unfortunately, you cannot remove an accident from your CDL record. Unlike a criminal record, a CDL driving record is a permanent record of your driving history and does not offer options for expungement or removal of accidents. Once an accident is recorded, it becomes part of your official driving record, even in cases when you were at fault.
Here is why:
CDL records are permanent
Commercial driving records are designed to provide a full and transparent history of a driver’s behavior on the road for safety assurance to himself and the public. Due to the high standards that are expected of the holders of a CDL, there is no legal process to remove an accident from this type of record.
No expungement options
Unlike some criminal offenses that sometimes can be sealed or expunged after a period of time, CDL violations, even accidents, cannot be erased or hidden from your driving record. Even if you were found not at fault, or received accident forgiveness from an insurance company, the incident will still remain on your CDL record.
Insurance and employer considerations
Although accidents remain on your CDL record for a certain period of time (generally three years), they can continue to have an effect on your insurance rates or your employability well past that. Some insurance companies offer “accident forgiveness” programs, but these do not affect your actual driving record. They are merely marketing gimmicks that avoid a rate increase in certain circumstances, not an elimination of the accident.
Rotating off violations
While an accident in and of itself cannot be removed, minor violations such as speeding tickets or small infractions may rotate off your record after about two to three years. The accident itself will still remain as part of your official driving history, and employers can look at this information even if it does not apply to your current status regarding your CDL.
In short, you cannot get the accident off of your CDL record; however, being a responsible driver from this day forward will reduce the implications of it. Accidents that happened years ago might not be as significant in the eyes of insurance companies and employers over time, particularly if you keep a spotless record and don’t have any further mishaps.
FAQs
1. How long does an incident stay on your DAC report?
An incident can remain on your DAC report for as long as seven years. It is used as a tool employed by employers to conduct a background check on the driver’s employment and driving history.
2. Can you lose your CDL due to an accident?
Yes, you can lose your CDL due to an accident if there is severe destruction, injury, or DUI involved. Other factors include fault, prior offenses, and accumulation of points that put you in a position where you risk suspension or revocation. Serious accidents or repeated violations can definitely result in the loss of your CDL.
3. Do truck drivers get fired for accidents?
Yes. Accident cases may also be a reason for truck drivers to get fired, especially if their fault is established or they have had accidents in the past. However, this depends upon the company’s rules, the severity of the accident, and whether the negligence of the driver or the use of some substance was at play.
4. How long does an FMCSA violation stay on record?
Violations reported to the Federal Motor Carrier Safety Administration could stay on your record for as long as three years, depending upon the nature of the violation. More serious offenses may have longer-lasting residuals.
5. How do I get something removed from my DAC report?
If there is incorrect information on your DAC report, you may dispute the information with the reporting company, HireRight, and supply documents to have it corrected. Meanwhile, accurate information, such as accidents, cannot be taken off of a DAC report.
6. How far back does a DAC report go?
Most of the time a DAC report goes back a period of ten years and would include but is not limited to the following: accidents, drug and alcohol violations, and other driving violations.
7. Can you get a CDL with a bad driving record?
Yes, you can still get a CDL even though you have a bad driving record, but the chances of getting employed may drastically be reduced. Most of the employers do not hire drivers who have comprehensive violations or accidents on their record.
8. Can I get a CDL back after I lose it due to an accident?
Yes, you could regain your CDL if you lost it; this again depends on the severity of the offense and the state’s regulations. Other requirements that may apply in seeking to reinstate the license include additional training, and paying fines, among others.
Final thoughts
In closing, knowing how long does an accident stay on your CDL record is important for every commercial driver. While the actual period of time accidents are kept on your driving record is generally about three years, the effects of them can be much longer than that, impacting your insurance rates and even employment opportunities. Moreover, there was no way to clear an accident off your CDL record, which makes keeping a clean driving record even more important. Drive responsibly today, and remember that every decision you make has a result behind the wheel!
