Do trucking companies check the drivers’ licenses and driving status of their drivers?

Federal regulations require that trucking companies check employees driving records and references on their resume. When they do not, they are subjected to liability.

49CFR391.23 imposes an obligation and duty on intrastate trucking companies to carry out this function.

Intrastate trucking states vary on their requirements to check drivers, but California requires drivers check be performed. Furthermore, it is very helpful to have expert testimony on the customary practice of responsible trucking companies when checking for driver licenses, past accidents, uses of drugs and other conditions the driver may have which pose a danger to the public.

As I recently wrote about in one instance where a driver had a prior drug record, successful litigation of truck accidents include an exploration of the driver’s background and history, and the policies, procedures and actual effort on the part of the trucking company to validate this driver’s past behavior.

In order to keep our roads safe, laws are in place to protect you, but time and again we see trucking companies avoiding those laws by not carrying out their duty. Contact us if you think you have been involved in an accident with a truck and the driver bears some responsibility at 1-866-981-5596.

Allen, Flatt, Ballidis & Leslie takes cases in Orange County, Los Angeles County, San Diego County, San Bernardino County, Riverside County, Kern County, Ventura County and in the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda, Agoura Hills, Alhambra, Arcadia, Artesia, Azusa, Baldwin Park, Bellflower, Beverly Hills, Big Pines, Burbank, Carson, Century City, Cerritos, Chatsworth, China Town, City of Industry, Claremont, Commerce, Compton, Covina, Culver City, Downtown LA, Downey, Eagle Rock, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park, Hollywood, Inglewood, Irwindale, Japan Town, Korea Town, La Canada/Flintridge, La Crescenta, La Habra, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lenox, Lomita, Long Beach, Los Angeles, Los Nietos, Lynwood, Manhattan Beach, Marina Del Rey, Monterey Park, Montrose, Northridge, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Reseda, Rolling Hills Estates, San Fernando Valley, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Signal Hill, South Pasadena, Temple City, Torrance, Valinda, Van Nuys, Ventura County, Verdugo City, Walnut, West Covina, West Hollywood, Westlake Village, Westwood and Whittier.


by James E. Ballidis

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie and has been practicing personal injury law for 25 years.

If you need assistance or want to speak to an attorney about your accident or injury, call 1 888 752-7474 or contact us.

DISCLAIMER. The information on this site is not, nor is it intended to be, legal advice. You should formally consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please be advised, however, contacting us, submitting a case to us, and/or discussing your case with us does NOT create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.