Brad Klepper
For truck drivers, there’s no such thing as a “minor” traffic ticket. Treating a ticket like a minor inconvenience is a gamble with your future.
In the trucking world, there is no such thing as a “minor” traffic ticket. As a CDL holder, you are held to a significantly higher legal standard than a non-commercial driver.
We live and breathe CDL law, so let’s take it back to basics. Whether you’re a rookie or have been on the road for decades, protecting your CDL requires careful attention. If you get a ticket — whether in your truck or your personal vehicle — it’s a big deal.
The Myth: “I’ll just pay the fine”
I wish every professional driver knew better, but many don’t. You must remember this: Paying a ticket is legally an admission of guilt. This is true even if you believe you were not actually at fault.
Because of this, the violation is considered a conviction, not just a fine. That conviction is then reported to your home state and added to your driving record. For CDL holders, this can have serious consequences, including impacts on employment, insurance and CDL status, depending on the type of violation.
You must defend every citation.
I cannot stress this enough: A citation is an allegation, not a conviction.
This means there is a specific window of time where you still have power over your career. As long as it’s just a citation (allegation), an attorney can fight to try to keep it off your record.
Why use an attorney? Because they are more qualified to navigate the legal system than you are. Additionally, you might be 500 miles away from home. An attorney can often handle the court appearance for you, ensuring you don’t risk your livelihood in an unfamiliar environment.
Going back to my opening point: There is no such thing as a minor ticket for a CDL holder. For example, a driver might get a citation for “Following Too Closely.” In some states, the fine could be considered relatively small. But the FMCSA classifies this as a Serious Traffic Violation. You don’t lose your license for the first one — but if you get a second “Serious” violation within three years, it triggers an automatic 60-day disqualification.
Furthermore, even if a violation doesn’t suspend your license, it will affect your insurance rates — as well as those of your company —and can potentially lead to your termination. When you apply to a new company, your record is your resume. You may be ineligible for the higher-paying job you want or be deemed “uninsurable” due to your history.
State laws differ
This is where it gets tricky. Some states, at the most basic level, are “moving vs. non-moving” violation states, while others use a point system. Each state has its own list of violations, and State A’s list may not directly match State B’s list.
If you’re a professional truck driver and you get a ticket in one state, it’s going to be reported back to your home state, where you hold your CDL. Because the lists don’t always match, your home state must “translate” that ticket into something that exists in its own system.
A low-point ticket in the state where you were driving could be “translated” into a high-point offense back home simply because the codes are different. You could pay a $150 fine for “Careless Driving” in New Jersey thinking you are safe, only to find out weeks later that your home state of Florida suspended your license because they coded it as “Reckless Driving.”
Who do I hire to handle my case?
The time to educate yourself on this is not when you’re holding a ticket on the side of the road. It is now. When looking for CDL ticket defense help, pay attention to these three things:
Since traffic laws and procedures vary by state, a defense that works in one jurisdiction may fail in another. A law firm that has experience in the courtroom where you received your ticket can help navigate these regional differences and increase the odds of a favorable outcome.
If you don’t have a fixed and predictable price (ideally a flat fee), you may be hit with billing surprises. Be careful with clauses that trigger additional fees if a case goes to trial, and have a clear understanding of how your attorney will charge you.
A law firm needs to know when to file a DataQ challenge, and it needs to have the ability to file one. DataQs is an FMCSA system which allows drivers and their representatives, motor carriers and the FMCSA and its state partners to improve the accuracy of FMCSA’s data-driven safety system. Users can request and track a review of federal and state data issued by FMCSA that is believed to be incomplete or incorrect.
The bottom line
Your CDL is the most valuable asset you own. It’s the house you live in and the food on your family’s table. Treating a ticket like a minor inconvenience is a gamble with your future.
Operation Safe Driver Week Is July 12-18
CVSA’s Operation Safe Driver Week is scheduled for July 12-18. During Operation Safe Driver Week, commercial motor vehicle (CMV) drivers and passenger vehicle drivers who are demonstrating unsafe driving behaviors will be identified by law enforcement personnel and issued a warning or ticket/citation. This year’s focus is reckless, careless or dangerous driving.
Today Is the Last Day to Take Our Membership Survey
CVSA is conducting a brief membership survey to help us better understand what we’re doing well, where we can improve and how we can continue to serve you effectively. The survey should only take a few minutes to complete, and your responses will directly influence future programs, services and member benefits. The deadline to complete the survey is today, May 1.
Deadline Approaching for 2026 IDEA
CVSA is accepting nominations for its International Driver Excellence Award (IDEA), an annual award that recognizes an extraordinary professional CMV driver and their commitment to public safety. Nominees for this award must be individuals who have gone above and beyond the performance of their duties as a CMV driver, distinguishing themselves conspicuously and beyond the call of duty through the achievement of safe operation and compliance carried out with evident distinction for an extended period of time. The deadline for nominations is in one week, on May 8.
CVSA Is Hiring an Administrative Specialist
CVSA seeks to hire an administrative specialist to support the organization’s headquarters office by performing a variety of office management, clerical, program support, general administrative and financial tasks. This position will be based at our headquarters office in Washington, D.C. The position will remain open until filled.
Nuclear verdicts—jury awards exceeding $10M—are rising, impacting fleets through higher insurance costs, reputational risks, and financial strain.
Jenna Hume
142325184 | Lane Erickson | Dreamstime.com
Nuclear verdicts come from lawsuits that result in fleets being ordered to pay more than $10 million in damages to plaintiffs, according to the Marsh McLennan Agency. In the trucking industry, nuclear verdicts mostly arise from on-road accidents. These strict judgments typically stem from injuries or deaths resulting from a crash. According to Pearl Insurance, alleged negligence by trucking companies also contributes to these massive verdicts.
Nuclear verdict payouts have been rising since 2010. According to the American Transportation Research Institute (ATRI), the average size ballooned from $2,305,736 to $22,288,000—a 967% increase—between 2010 and 2018.
ATRI
And the numbers just keep rising. A more recent study from the U.S. Chamber of Commerce Institute for Legal Reform showed that between June 2020 and April 2023, the average jury award was $27.5 million.
Factors driving rising nuclear verdicts in trucking
There isn’t one clear reason why nuclear verdicts have grown so much in recent years. More than likely, multiple factors have created this perfect litigation storm. But here are a few potential factors:
Litigation advertising
According to ATRI, part of the problem could be the 1977 Supreme Court case that re-allowed litigation advertising. “The median dollar value of trucking litigation awards from 1985 to 1989 was slightly more than $100,000. And in the next five years, the average award increased by 90% to $190,000.”
The infamous McDonald’s coffee lawsuit
In 1994, a woman who sued McDonald’s after suffering burns from spilling the company’s coffee on herself was awarded in excess of $2.8 million. This isn’t a trucking case, but some argue that it raised the litigation bar in the minds of attorneys and juries.
Increased third-party funding
Litigation financing is becoming increasingly problematic worldwide, but the U.S. is getting hit the hardest. Third-party litigation funding is when third parties, such as bankers, financiers, etc., help fund a plaintiff’s lawsuit. The third party then gets a cut of the payout when the lawsuit is successful.
According to ATRI, the use of litigation finance by U.S. law firms has grown 745% between 2015 and 2019, though some states are suffering more growth than others. With this rapid growth, there is some legislation on third-party funding, but legislators can’t seem to keep up.
Strategies plaintiffs use in high-dollar trucking lawsuits
To help protect your fleet, it’s important to know the techniques used in nuclear verdicts.
Reptile Theory
According to National Interstate Insurance, the Reptile Theory was created in the 1960s by neuroscientist Paul MacLean. The theory “seeks to render all of these basic facts irrelevant and instead appeal to the jury’s primitive, ‘Reptilian Brain.’”
Plaintiffs in trucking lawsuits use the Reptile Theory to convince the jury that the motor carrier and/or driver in question is a danger to society. Attorneys will often point to safety rules that the driver or carrier allegedly broke to convince the jury of the threat they pose.
Negligent hiring and/or training
Plaintiff attorneys may also try to convince the jury that the carrier in question knowingly hired a driver with a poor driving record. According to Captive Resources, attorneys may try to prove that the driver in question was not adequately trained or supervised on safety.
Emotional appeals
According to the PrePass Safety Alliance, attorneys may also focus on the emotional aspect of the case, especially if there have been any injuries or deaths as a result of the accident. Emotional appeals can be used to increase the payouts in nuclear verdicts.
Financial, reputational, and operational impacts on fleets
When a trucking company loses in a nuclear verdict, they lose more than just money. Fleets also face rising insurance costs and worsening reputations, in addition to budget challenges.
Rising insurance costs
According to ATRI, insurers are raising premiums to account for the possibility of nuclear verdicts. In 2023, premiums rose 12.5% primarily due to nuclear verdicts. For many fleets, especially smaller carriers, these rising costs aren’t sustainable.
Worsening reputations
In and out of the trucking industry, nuclear verdicts are big news because of their high impact and memorable payouts. So in the aftermath of a nuclear verdict, trucking companies have to worry about their tarnished reputations in addition to financial issues.
According to Pearl Insurance, nuclear verdicts can hurt customer relationships and employee morale. Companies may also experience increased regulatory scrutiny.
Driver stress
With nuclear verdicts, there is one factor that cannot be overlooked: the impact they have on truck drivers, who are the ones on the road facing the possibility of a serious accident
Whether a nuclear verdict happens in a driver’s company or is just featured in the news, drivers can feel the stress of an accident, according to PrePass Safety Alliance. Drivers already deal with numerous stressors on the road—lack of truck parking, hours of service, extreme weather, etc.—and too much stress can take a toll not only on drivers’ health but also on their focus and working to the best of their ability.
Financial challenges
Most obviously, nuclear verdicts can lead to financial issues for trucking companies. According to Pearl Insurance, “when an insurer pays beyond policy limits or a verdict exceeds coverage, the trucking company’s own assets are at stake, potentially leading to bankruptcy or major restructuring.” Smaller carriers, especially, are at risk when nuclear verdicts occur.
Fleet strategies to mitigate risk and prevent massive verdicts
With payouts on the rise, there are multiple ways fleets can prepare for and prevent nuclear verdicts.
Focus on driver safety training
According to SambaSafety, drivers forget up to 90% of what they learn within a single week. This means you can’t stop safety training after the initial driver onboarding. Ongoing training and personalized coaching are needed to reinforce safety behaviors and knowledge of safety requirements.
Invest in safety technology
In addition to driver training, there are multiple technology options fleets can use to help drivers stay safe and serve as evidence that a driver isn’t responsible in the event of a crash. The available technologies include dashcams, automatic emergency braking, lane departure warnings, collision mitigation systems, blind-spot monitoring, and more.
Dashcams can help identify who was responsible for an accident, while the other technology features above can help ensure driver safety and provide opportunities for coaching.
Have a plan for accidents
At the Truckload Carriers Association’s 2025 Safety & Security Meeting in June 2025, a panel discussed what to do and what not to do when a driver reports an accident.
They emphasized the importance of having a plan in place for when an accident occurs. According to the panel, this plan should include confirming the safety of the driver and anyone else involved, contacting emergency services, securing the scene, notifying company leadership and legal services, collecting evidence, and beyond.
While no fleet wants to deal with a crash, it’s important to be ready if an accident happens.
Be prepared legally
After an accident occurs, it’s important to immediately begin working with legal counsel before memories fade, according to Pearl Insurance. Legal experts will assist with accident reconstruction, evidence collection, and communication with investigators. The earlier you contact legal counsel, the more time they have to prepare a defense.
Review insurance options
In the face of nuclear verdicts, fleets still have some control over their insurance options. According to Pearl Insurance, “many fleets have raised their liability coverage limits (e.g., carrying $5 million or $10 million primary policies instead of the statutory $750,000 minimum) or purchase umbrella policies to provide a larger cushion if a big verdict strikes. Some large carriers have turned to captive insurance arrangements or self-insurance for more control over claims and costs.”
Mark Schremmer
The Federal Motor Carrier Safety Administration announced this week that it is taking steps to address those problems.
DataQ is an electronic system run by the FMCSA that allows motor carriers, drivers and safety officials to request a review of data in the agency’s databases.
Under FMCSA’s updated system, states must now meet strict deadlines and follow a three-step independent review process when handling requests for correct data on crashes, inspections and violations.
“Accurate data keeps our roads safe,” FMCSA Administrator Derek Barrs said. “America’s hardworking truck drivers deserve a system that treats them fairly. These updates guarantee due process by ensuring drivers who challenge an inspection or crash record receive an independent, unbiased and complete review in a timely manner.”
OOIDA applauded the changes as the trade association spent years criticizing the program for its lack of timeliness, consistency and fairness. A common complaint was that the appeal was determined by the same person or agency that issued the initial violation.
“OOIDA has been leading the fight for a more fair and transparent DataQ system and (the) announcement is the culmination of our efforts,” Association President Todd Spencer said. “For years, we’ve highlighted the frustrating lack of due process, which routinely made it impossible for owner-operators and professional drivers to correct clearly inaccurate safety data. Unlike larger fleets, a singular erroneous violation can have devastating consequences for a small trucking company, which is why we pushed so forcefully for these changes.”
The revised requirements establish a more streamlined framework for handling Requests for Data Review (RDRs), specifically for states receiving Motor Carrier Safety Assistance Program (MCSAP) funding from FMCSA.
New requirements
- States must designate points of contact for crash and inspection RDRs
- States are required to review requests submitted within three years of an inspection and within five years of a crash
- All decisions, especially those where no data correction is made, must include detailed explanations, evidence reviewed and clear next steps in the review process
- States must participate in FMCSA program reviews and follow established policies, including those related to adjudicated citations
The three-stage review process will include an initial review, reconsideration and final review. The first two stages must be completed within 21 days, and the final review within 45 days. State MCSAP Lead Agencies must submit DataQ Implementation Plans detailing how they will meet the new requirements, address backlogs and prevent future delays. To promote transparency, all approved plans will be publicly available through the DataQ system.
“By requiring an independent review process, adding clear timelines and providing greater transparency, FMCSA has made the improvements that OOIDA pushed for and that truckers deserved all along,” Spencer said. “We appreciate FMCSA’s work on these DataQ updates and believe the new system will be one our members can finally trust.”
