Oregonlive recently exposed a bribery scheme where a commercial truck driving school was paying an independent tester approximately $500 in exchange for a commercial driver’s license. According to Oregonlive, investigators suspected Skyline CDL school in Washington arranged for the Washington tester to be paid in exchange for the tester providing the students a passing grade on their commercial truck driver test regardless of whether the students passed the test or not. This resulted in many inexperienced and knowledgeable students receiving a commercial driver’s license when they did not meet the requirements.
This is a major concern because the scheme permitted numerous unqualified and inexperienced truck drivers to operate 80,000-pound tractor-trailer trucks on Oregon and Washington’s roads. 80% of the drivers who were retested and received suspected fraudulent licenses did not receive a passing grade.
These unqualified drivers can cause accidents that can result in catastrophic injuries, property damage, and even fatalities. When it turns out that the truck driver involved was operating without passing the commercial driver’s license (CDL) test, the legal implications become even more serious. In such cases, victims may have the right to pursue a civil lawsuit not only against the driver but also potentially against the trucking company, the school that arranged for the bribery, or other responsible parties. Here’s what you need to know if you’re considering legal action after an accident caused by an unqualified truck driver.
The Legal Duty of Truck Drivers and Trucking Companies
Truck drivers who operate large commercial vehicles are held to high safety standards under both state and federal regulations. Possessing a valid CDL is not just a formality—it signifies that the driver has undergone proper training and testing to safely operate a commercial vehicle. When a driver operates without passing the commercial driver’s license teste, they breach their legal duty to operate safely and legally.
Trucking companies also have a responsibility to verify that their drivers are properly licensed and qualified. Allowing or negligently failing to check a driver’s credentials can expose the company to liability under the legal doctrine of negligent hiring or retention.
Filing a Civil Lawsuit: Who Can Be Held Liable?
A civil lawsuit after an accident involving an unlicensed truck driver typically seeks compensation for medical expenses, lost wages, property damage, pain and suffering, and other related costs. Depending on the circumstances, you may be able to sue:
The unlicensed truck driver: For negligence, recklessness, or illegal operation of a commercial vehicle.
The trucking company or employer: If the company knowingly or negligently allowed the driver to operate without a license, or failed to perform proper background checks.
Other third parties: Such as the school that arranged for the bribery scheme to pay for the license, or the tester or testing agency.
Proving Negligence in an Unlicensed Driver Case
To succeed in a civil lawsuit, the injured party (plaintiff) must prove that the driver and/or company were negligent. Key evidence may include:
The driver’s driving record and proof of license status, and proof the driver took the driver’s test
Employment records from the trucking company
Police reports and accident investigation findings
Witness statements and dashcam footage
The fact that the driver lacked a valid CDL can serve as strong evidence of negligence, but it must be tied directly to the cause of the accident. For example, was the driver unable to control the vehicle due to lack of training? Did their improper maneuver cause the collision?
Potential Damages and Compensation
Victims of accidents involving unlicensed truck drivers may be entitled to compensation for:
Current and future medical expenses
Lost income and reduced earning capacity
Pain and suffering
Emotional distress
Property damage
In a case involving a driver who received a commercial driver’s license through a bribe will certainly expose the defendants to punitive damages to punish egregious misconduct
The presence of an unlicensed driver may increase the likelihood of punitive damages, especially if the trucking company acted with gross negligence or willful disregard for public safety.
Why Legal Representation Matters
Cases involving unlicensed truck drivers can be complex, especially when corporate liability and insurance issues are involved. Trucking companies and their insurers may aggressively defend against claims to minimize payouts. An experienced personal injury attorney , such as Jeremiah Ross, and Ross Law LLC can help investigate the accident, identify all liable parties, negotiate with insurers, and advocate for maximum compensation.
Final Thoughts
An accident caused by an unlicensed truck driver is more than just a traffic violation—it’s a breach of public trust and safety that can have devastating consequences. Victims have legal rights to pursue compensation through a civil lawsuit, and holding negligent drivers and companies accountable is an important step toward justice and safety on the roads.
If you or a loved one has been injured in an accident involving an unlicensed truck driver, consulting with a qualified attorney, such as Jeremiah Ross, at 503.224.1658 can help you understand your legal options and protect your rights.
Need help navigating a truck accident case? Reach out to personal injury lawyer Jeremiah Ross to discuss your commercial vehicle accidents to get started with your claim. Please remember this post is for information purposes only.
