Yes. In New York and most U.S. states, a trucking company can fire a driver after an accident — even one the driver did not cause. New York is an at-will employment state, so employers can end a job for almost any reason. That said, union contracts, federal FMCSA anti-retaliation rules, and New York whistleblower laws place real limits on when termination is legal.
Can a Truck Driver Be Fired Under At-Will Employment?
New York follows the at-will employment doctrine. Unless a driver has a written contract, a union agreement, or another specific legal protection, the company can end the job at any time and for almost any reason.
In trucking, this plays out through company safety policies. Federal law requires carriers to keep an accident register — a record of crashes involving their commercial vehicles — under 49 CFR § 390.15. Most companies classify each accident as "preventable" or "non-preventable" using their own internal standards or guidelines from industry groups like the American Trucking Associations.
A preventable accident finding — even one the driver disagrees with — can justify termination under company policy. The driver doesn't need to be charged or ticketed. The carrier just has to decide the driver made an error contributing to the crash.
When a Trucking Company Cannot Fire a Driver After an Accident
Not every post-accident termination is legal. Several protections limit what a carrier can do.
Union contracts. Many truckers work under collective bargaining agreements (CBAs). These typically require progressive discipline — a warning before a suspension, a suspension before termination — except for serious offenses. Firing a driver for a single accident without following that process may violate the CBA and give the driver grounds for a grievance.
FMCSA and STAA anti-retaliation rules. Under 49 U.S.C. § 31105 — part of the Surface Transportation Assistance Act — a carrier cannot fire a driver for:
- Refusing to drive a vehicle that would violate federal safety rules
- Filing a complaint or giving information to the FMCSA about a safety problem
- Helping with any federal safety investigation
If a driver reported a brake problem before the accident, or had flagged a maintenance issue beforehand, and the company fires them after the crash, that timing could support a retaliation claim. OSHA enforces STAA whistleblower complaints.
New York whistleblower laws. New York Labor Law § 215 bars employers from retaliating against employees who report labor law violations or cooperate with investigations. New York Labor Law § 740 covers employees who report activities posing a risk to public health or safety. A driver who reported unsafe vehicle conditions or Hours of Service violations before being fired may have claims under one or both laws.
Workers' compensation retaliation. Firing a driver because they filed — or said they planned to file — a workers' comp claim is illegal under New York Workers' Compensation Law § 120. This counts as retaliation.
Illegal discrimination. If the firing is based on race, national origin, gender, age, disability, or another protected status, the termination is unlawful under federal and state law.
Post-Accident Drug and Alcohol Testing
Federal law under 49 CFR Part 382 requires carriers to test drivers for drugs and alcohol after certain crashes. Testing is required when:
- The accident results in a death
- A driver gets a citation AND someone needed off-scene medical treatment
- A driver gets a citation AND a vehicle had to be towed from the scene
A positive test — or a refusal to test — means immediate removal from safety-sensitive duties. For most drivers, it also means termination. The driver cannot return to a commercial vehicle until completing a Substance Abuse Professional (SAP) evaluation, any recommended treatment, and a follow-up testing program.
This is one area where even a union contract may not prevent removal from duty, because federal regulations take precedence.
What Happens to Your CDL After a Truck Accident?
An accident alone does not cost a driver their commercial driver's license (CDL). The CDL comes from the New York DMV, not the employer, and revocation requires a separate legal trigger.
Federal regulations under 49 CFR § 383.51 disqualify a CDL holder for:
- Driving a commercial vehicle with a BAC of 0.04% or higher
- Leaving the scene of an accident
- Using the vehicle in a felony
- Serious traffic violations like reckless driving or excessive speeding (two violations within three years triggers a 60-day disqualification; three violations within three years triggers a 120-day disqualification)
A standard crash — even a serious one — does not automatically trigger CDL disqualification unless one of those violations occurred.
The employer records the accident in the driver's qualification file under 49 CFR Part 391. That file follows the driver when applying to other carriers, so future employers can see the accident history.
What's in this video?
In this video, attorneys from The Orlow Firm explain how truck accident cases differ from standard car accident claims — including the additional federal regulations, insurance rules, and evidence that apply when a commercial vehicle is involved.
If You Were Injured in a Truck Accident: What You Need to Know
Employment law and injury law are separate questions. Whether a truck driver was fired after an accident has no effect on an injured victim's right to pursue a civil claim.
When a truck driver causes an accident on the job, their employer can be held responsible under respondeat superior — the legal rule that holds companies liable for employees' actions during work. Even if the driver was fired afterward, the carrier's insurance still covers claims from that accident. Termination does not eliminate liability.
If you were hurt in a truck accident — as another driver, a passenger, or a pedestrian — the trucking company's conduct before and after the crash can be relevant. That includes how they hired the driver, whether they had notice of safety problems, and how they maintained their vehicles.
Our Queens truck accident lawyers handle claims involving commercial vehicles throughout New York City and can explain who may be responsible and what recovery might look like.
Frequently Asked Questions About Truck Driver Firing After an Accident
Can a truck driver be fired for a preventable accident?
Yes. If a carrier classifies an accident as preventable under its safety policy, that finding alone can justify termination under at-will employment. Drivers who dispute the classification can sometimes challenge it — especially under a union agreement — but the carrier doesn't need a citation or conviction to make the call.
Can a truck driver lose their CDL after an accident?
Not automatically. CDL disqualification requires a specific violation: driving under the influence in a commercial vehicle, leaving the scene, using the truck in a felony, or accumulating serious traffic violations. A crash alone does not trigger disqualification under 49 CFR § 383.51.
What happens after a truck driver has an accident?
The driver must stop, help anyone who needs it, call police if required, and exchange information. The carrier must log the accident in its accident register (49 CFR § 390.15). Post-accident drug and alcohol testing may be required. The company will typically run an internal investigation and decide whether the accident was preventable.
Do trucking companies have to report accidents?
Carriers must keep an accident register covering the prior three years (49 CFR § 390.15). Certain accidents must also be reported to the FMCSA. The carrier's insurer must be notified as well.
Can a truck driver be fired for one accident?
Yes, under at-will employment. Some companies have zero-tolerance policies for preventable accidents; others use progressive discipline. Union drivers have stronger protection through their CBA, which typically requires a specific discipline process before termination.
What is a preventable accident determination?
A preventable accident is one where the carrier concludes the driver didn't do everything reasonable to avoid the crash. The carrier makes this call internally — it is not a legal finding. Drivers can request a DataQs challenge to dispute accident entries in FMCSA records if they believe the information is wrong.
Can I be fired for filing a workers' comp claim after a truck accident?
No. New York Workers' Compensation Law § 120 prohibits firing an employee for filing or planning to file a workers' compensation claim. That's unlawful retaliation. If you were fired because of a workers' comp claim, you may have a separate legal claim against your employer.
Sources & Official Resources
Federal Regulations Cited
- 49 CFR § 390.15 — Accident Register Requirement
- 49 CFR Part 382 — Controlled Substances and Alcohol Use and Testing (Post-Accident Testing)
- 49 CFR § 383.51 — CDL Disqualification Standards
- 49 CFR Part 391 — Driver Qualification Files
- 49 U.S.C. § 31105 — Surface Transportation Assistance Act Anti-Retaliation
New York Laws Cited 6. New York Labor Law § 215 — Anti-Retaliation 7. New York Labor Law § 740 — Whistleblower Protection 8. New York Workers' Compensation Law § 120 — Prohibition Against Discrimination
Helpful Resources
- FMCSA DataQs — Challenge an Accident Record
- OSHA — Surface Transportation Assistance Act Whistleblower Program
- New York DMV — CDL Disqualifications
Contact The Orlow Firm
If you were injured in a truck accident in New York, the attorneys at The Orlow Firm can review what happened and explain your options. We handle truck accident cases throughout Queens, Brooklyn, Manhattan, and the Bronx.
Call (646) 647-3398 for a free consultation. Se Habla Español.
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