Can You Be Fired if You Get Into a Commercial Truck Accident?
For a professional CDL driver, an accident is a career-defining moment. The adrenaline and fear following a crash are immediately followed by a sinking dread about your livelihood. Whether a passenger car brake-checked you on the interstate, or you misjudged a blind-side backing maneuver at a warehouse, the question on every driver's mind is the same: can you be fired if you get into a commercial truck accident?
The short answer is yes, you can be fired. Almost all commercial truck drivers operate in "at-will" employment states, meaning a motor carrier can terminate you for any non-discriminatory reason. However, your termination is heavily dependent on whether the accident is deemed "preventable" or "non-preventable" under FMCSA guidelines.
The National Safety Council defines a preventable accident as one in which the driver "failed to do everything that they reasonably could have done to avoid it." If another car runs a red light and T-bones your rig, it is non-preventable. If you rear-end someone because you were following too closely, it is preventable. Most major carriers have strict internal policies: two preventable accidents in a three-year period usually results in automatic termination.
Immediate Disqualifications
While a minor backing accident might just require safety retraining, certain severe violations during a crash will result in immediate termination and the suspension of your CDL:
If the accident involves a fatality, an injury requiring medical treatment away from the scene, or a towed vehicle (and you received a citation), you must submit to a DOT drug and alcohol test. A positive result means immediate termination and a report to the FMCSA Clearinghouse.
Fleeing the scene of an accident involving your commercial vehicle is a massive federal offense. This will permanently disqualify you from ever holding a CDL again.
Protecting Your Record (The DAC Report)
If you are fired, the carrier will report the accident to your Drive-A-Check (DAC) report, which acts as your resume for future trucking jobs. If the company falsely classifies a non-preventable accident as "preventable" out of spite, you have the legal right under the Fair Credit Reporting Act to dispute the DAC report. A transportation employment attorney can help you fight false blemishes on your record so you can keep driving.
