CDL 101: Explaining Commercial Drivers’ Licenses & Liability
In order to drive most types of commercial vehicle in the United States, one must have a commercial driver’s license (CDL). While the age and other criteria required to obtain one vary from state to state, having one and maintaining good standing is crucial to avoiding potential liability in the future. If you have been in an accident with a person who has a CDL – or should have one, but does not – enlisting an attorney to help protect your rights is a good idea.
Strict Requirements For CDL Holders
Florida’s regulations for obtaining a CDL are fairly straightforward – one must be at least 18 years of age, have a driver’s license in good standing, pass the vision requirements, and be a Florida resident just to get through the proverbial door. Then, one must pass the requisite knowledge tests in order to qualify. If one is under age 21, they may only drive in intrastate commerce – that is, within Florida at all times.
There are three different classes of CDL, each granting permission to operate a different type of vehicle – for example, Class B license holders may operate heavy vehicles, while Class C license holders may operate passenger vehicles and those transporting hazardous materials. It is important to keep in mind that these categories are strictly differentiated; a person driving, say, a Class B vehicle while holding a Class A license will face discipline.
Negligence Per Se
If a CDL holder is involved in an auto accident with another vehicle, it can cause real problems for that driver. The granting of a CDL comes with a duty to exercise a high degree of care toward other road users – arguably, even higher than that of a normal road user, given the heightened potential for harm from a commercial vehicle. A failure to uphold that duty can sometimes create a presumption known as negligence per se, or negligence as a matter of law.
Negligence as a matter of law means that instead of an injured plaintiff needing to prove each step of negligence in court, a finding of negligence per se simply establishes that the defendant was negligent, and allows the court to proceed on that factual basis. It may save all parties time and trouble if this can be stipulated, but the evidence must be there to establish negligence; it cannot simply be stated.
Contact A Tampa Commercial Vehicle Accident Attorney
Being involved in an accident with a commercial vehicle can be a frightening experience. If you can establish that the defendant has been negligent as a matter of law, they may lose their CDL or experience equally serious consequences. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help you determine your options in terms of seeking legal action – call us today to schedule a free consultation.
Source:
flhsmv.gov/driver-licenses-id-cards/commercial-motor-vehicle-drivers/commercial-driver-license/
