Was the Driver Qualified?
Minimum qualifications
Under 49 CFR 391.11, a commercial driver must be at least 21, able to read and speak English well enough to understand road signs and answer officials, experienced or trained enough to handle the vehicle, medically qualified, licensed by only one state, not disqualified, and road-tested or holding an accepted equivalent.
Disqualifying offenses
A driver convicted of operating a commercial vehicle under the influence, leaving the scene of an accident in one, or a felony involving one is disqualified for one year on a first conviction and three years on a repeat within three years, and a carrier may not let a disqualified driver drive (49 CFR 391.15).
The annual record review
At least once every 12 months a carrier must pull each driver's motor vehicle record and review it, giving great weight to speeding, reckless driving and impaired driving, and must keep the record and a note of the review in the driver's qualification file (49 CFR 391.25).
Holding the company accountable
When a carrier kept a driver whose record showed repeated violations, the company may answer for its own negligence alongside the driver's. Our guide to truck accident claims covers who can be named.
A truck that left the scene
Leaving the scene is itself a disqualifying offense for a commercial driver. If the truck is never identified, your uninsured motorist coverage may pay, and without contact, Utah Code § 31A-22-305(6) requires clear and convincing proof beyond your own testimony that it existed.