According to the Federal Motor Carrier Safety Administration (FMCSA), the United States government will limit eligibility for “non-domiciled” commercial driver’s licenses (CDLs) after March 16th, 2026. Earlier, the Department of Transportation referred to these truckers as “unqualified foreign drivers.” Many trucking accidents in Missouri are caused by unqualified truckers who may not understand road signs in English. Unqualified truckers may also be American citizens who somehow remain on the road despite having terrible driving records.
Another potential issue is a new driver who gains employment at a trucking company despite having insufficient training. If any of these issues lead to a trucking accident, can a victim sue? This is a question victims may want to raise with experienced truck accident attorneys in Missouri. Dickerson Oxton has over eight decades of combined experience, and they have recovered millions of dollars on behalf of injured victims. Continue this conversation by contacting the firm at (816) 867-4291. We serve trucking accident victims in Kansas City.
Do Trucking Companies Have a Duty to Properly Vet Their Truckers?
The bottom line is that trucking companies have a legal duty of care to properly vet their truckers during hiring. Many vetting requirements are outlined by state and federal law. If a trucking company fails in this duty of care, an unqualified or untrained trucker may find themselves behind the wheel of a vehicle with considerable destructive potential. If this driver subsequently causes a crash, injured victims should be able to hold their employer (the trucking company) liable. First, the trucker is a representative of the trucking company, and the trucking company is therefore responsible for the actions of its employees. Second, one might argue that the accident never would have occurred if the company had implemented more responsible hiring processes.
Summary of Vetting and Training Requirements for Trucking Companies
Trucking accidents in Missouri may involve employer liability when trucking companies fail to comply with hiring, background check, and training standards established by the Federal Motor Carrier Safety Administration and Department of Transportation.
- Federal law requires trucking companies to conduct background checks, drug testing, and medical evaluations for drivers operating commercial vehicles requiring a CDL or transporting hazardous materials.
- Entry-Level Driver Training (ELDT) mandates both theory and behind-the-wheel instruction for new Class A or Class B CDL holders, with minimum competency standards enforced nationwide.
- Recent federal changes restrict non-domiciled CDL eligibility and impose English proficiency expectations, creating additional compliance obligations for trucking companies.
Dickerson Oxton serves individuals affected by trucking accidents in Kansas City and throughout Missouri and Kansas, offering legal guidance on potential liability and negligence issues.
What Kind of Background Checks Must a Trucking Company Conduct Before Hiring a Trucker?
The Department of Transport states that trucking companies must carry out background checks when hiring new truckers. These requirements apply to all trucking companies with vehicles weighing 10,000 pounds or more. If a vehicle requires a Class A, B, or C commercial driver’s license, background checks are also mandatory. Regardless of CDL requirements or vehicle weights, any company that seeks to hire someone to transport hazardous materials must also carry out background checks. These background checks are extensive, and they should assess past alcohol and drug violations that a prospective hire might have committed in the past. The background check should also analyze the driving record of the applicant, including any traffic violations they have committed.
Another requirement is a drug test. The Department of Transportation states that during the hiring process, a trucking company must test the urine of an applicant for traces of controlled substances. These substances include cocaine, methamphetamine, opioids, and cannabis. A high blood-alcohol concentration (BAC) could also be disqualifying. Finally, the applicant must submit to a physical examination. This exam will screen for potential issues like vision problems, high blood pressure, epilepsy, hearing impairment, and any other medical issue that might lead to an accident.
Do Trucking Companies Have to Train Their Own Truckers?
There is no law that states trucking companies must train their own truckers. However, federal law outlines minimum standards for truckers across the nation. If applicants do not meet these standards, trucking companies might have to provide training in order to improve their skills and ensure compliance with federal law. This “in-house training” may be provided free of charge to applicants in exchange for a multi-year work commitment. With this approach, a trucker could theoretically apply for a job at a trucking company before even obtaining a CDL. Due to trucker shortages across the nation, many trucking companies promise to provide applicants with all the training they need to start driving professionally.
The FMCSA states that entry-level driver training or “ELDT” applies to anyone obtaining a Class A or Class B CDL for the first time. This training is also mandatory for anyone who wants to upgrade a Class B to a Class A CDL. Finally, anyone seeking to drive a school bus, passenger bus, or transport hazardous materials must take ELDT. According to the FMCSA, ELDT consists of both “theory” training (including lectures and written examinations) and “behind-the-wheel” (BTW) training. A minimum passing grade of 80 percent applies to all theory training assessments. Dickerson Oxton may be able to help victims determine whether the truckers who caused their accidents actually passed ELDT.
What Are the New Rules for Foreign Truckers in the United States?
In 2026, the United States government effectively ended eligibility for all non-domiciled CDLs in the country. In other words, this change ensures that only American citizens and permanent residents can obtain CDLs. Hundreds of thousands of non-domiciled CDL holders will not have an opportunity to renew their CDLs under this law. Trucking companies must adhere to these new requirements, and any employer that allows a non-domiciled trucker to operate will face serious consequences.
This may also be a form of negligence if the non-domiciled trucker causes an accident. The logic behind this new restriction is that foreign truckers may only have a limited understanding of English, and this could make it difficult to follow instructions and understand traffic signs. Another recent change in the trucking industry is a new law that requires English fluency among all truckers in the country. Theoretically, a victim could sue a trucking company for employing (or continuing to employ) an accident-causing trucker who has insufficient English comprehension or is non-domiciled.
Learn More About Trucking Accidents With Dickerson Oxton
Although some trucking accidents are caused by unqualified or untrained truckers, this is only one potential example of negligence to consider. Often, multiple drivers contribute to the same accident. A trucking company might also fail to properly maintain its vehicles, thereby increasing the chances of crashes related to mechanical issues. Although online research can provide certain insights, an experienced trucking accident attorney may be able to investigate a trucking accident and uncover all possible signs of negligence. To expand on this complex topic, consider contacting Dickerson Oxton at (816) 867-4291. We serve victims of trucking accidents throughout Missouri and Kansas.
Frequently Asked Questions About Background Checks and Training Requirements in the Trucking Industry
The following FAQs address common legal questions related to trucking accidents, employer negligence, and federal compliance requirements in Missouri and the United States.
Do Trucking Companies Have A Legal Duty To Vet Drivers Before Hiring?
Trucking companies operating in the United States have a legal duty under Federal Motor Carrier Safety Administrationregulations to properly vet drivers through background checks, qualifications review, and safety compliance measures. This duty of care requires employers to evaluate driving history, prior violations, and overall fitness to operate commercial vehicles, particularly in jurisdictions such as Missouri where trucking accidents may lead to liability claims.
What Background Checks Are Required For Commercial Truck Drivers?
The Department of Transportation requires trucking companies to conduct background checks that include driving records, prior drug and alcohol violations, and employment history for CDL applicants operating vehicles over 10,000 pounds. These requirements apply nationwide and extend to drivers transporting hazardous materials, ensuring that companies assess safety risks before hiring.
Are Trucking Companies Required To Train Their Drivers?
Federal law does not require trucking companies to provide in-house training, but Federal Motor Carrier Safety Administration regulations mandate Entry-Level Driver Training (ELDT) standards for new CDL applicants. If drivers do not meet federal competency requirements, trucking companies may provide training programs to ensure compliance and reduce the risk of trucking accidents.
What Is Entry-Level Driver Training (ELDT)?
Entry-Level Driver Training (ELDT) is a federal requirement enforced by the Federal Motor Carrier Safety Administration that applies to first-time Class A or Class B CDL applicants and certain endorsements. ELDT includes theory instruction, written assessments with a minimum passing score, and behind-the-wheel training to ensure drivers meet national safety standards.
Can A Trucking Company Be Liable For Hiring An Unqualified Driver?
A trucking company may be held liable under negligence principles if failure to follow Federal Motor Carrier Safety Administration hiring and vetting requirements results in employing an unqualified driver who causes a trucking accident. Liability may arise because the driver acts as a representative of the employer, and proper screening could have prevented the incident.
What Are The 2026 Rules For Non-Domiciled CDL Holders?
In 2026, federal regulatory changes eliminated eligibility for non-domiciled commercial driver’s licenses, restricting CDL issuance to United States citizens and permanent residents under Department of Transportation oversight. These rules require trucking companies to verify driver eligibility and avoid employing individuals who no longer meet federal licensing standards.
Does English Proficiency Affect Truck Driver Eligibility?
English proficiency requirements enforced under federal trucking regulations require drivers to understand road signs, instructions, and safety communications as outlined by the Federal Motor Carrier Safety Administration. Failure to meet these standards may contribute to negligence claims if communication barriers play a role in a trucking accident.
What Other Forms Of Negligence Can Cause Trucking Accidents?
Trucking accidents may result from multiple forms of negligence, including inadequate vehicle maintenance, improper loading, or violations of Federal Motor Carrier Safety Administration safety regulations governing hours of service and inspections. These factors often interact with driver-related issues to create complex liability scenarios in Missouri and across the United States.
How Can Dickerson Oxton Assist With Trucking Accident Claims?
Individuals affected by trucking accidents in Missouri or Kansas may consider visiting with an experienced attorney at Dickerson Oxton to learn more about potential legal options related to employer negligence and Federal Motor Carrier Safety Administration compliance. The team at Dickerson Oxton works to ensure individuals understand their legal rights and possible avenues for compensation.