CDL Requirements in Delaware
At Silverman, McDonald & Friedman, our truck accident lawyers are committed to helping those who have been injured by negligent truck drivers and trucking companies. Call the firm in Newark, Wilmington, or Seaford to begin discussing your unique situation and learning about the potential legal options that may be available to you.
Truck accidents are one of the most traumatic and catastrophic accidents that a person can be involved in. This is because 18-wheelers are a lot bigger, heavier, and more powerful than passenger vehicles, meaning that they can do a lot of bodily and property damage in a truck accident. It is crucial that all truck drivers who are hired meet the commercial driver’s license (CDL) requirements, undergo proper training, and have adequate experience before they are allowed to operate an 18-wheeler. When they do not, this could be an indication that the driver or company was negligent.
What are the CDL requirements for truck drivers in Delaware?
In Delaware, truck drivers are required to meet the following requirements before they can obtain a CDL:
- Be at least 18 years of age (this will allow them to obtain an intrastate CDL, which means they can only drive a truck within the state of Delaware)
- Be at least 21 years of age if they want to obtain an interstate CDL, which allows them to drive a truck in Delaware and the rest of the country
- Possess a minimum of one year of driving experience
- Have no license revocations or suspensions
- Be a full-time resident of Delaware
- Pass a physical and medical test that shows that they are physically able to drive a truck
- Self-certify their driving status based on the Self Certification Category Guide. This requires completing and maintaining a copy of a medical certificate with the Division of Motor Vehicles in Delaware.
- Pass the test and obtain a CPL for at least two weeks
- Show that they are able to work in the United States
- Be able to read and speak English
What are the different types of CDLs?
Delaware requires drivers who plan to operate large vehicles to possess a CDL. We will go over the three different CDL classes below.
- CDL Class A: Drivers must obtain a CDL Class A if they are planning to drive a vehicle that has a gross vehicle weight rating (GVWR) of more than 26,000 pounds and the vehicle is towing another vehicle with a GVWR of more than 10,000 pounds.
- CDL Class B: Drivers must obtain a CDL Class B if they are planning to drive a vehicle that has a GVWR of more than 26,000 pounds but the vehicle is not towing another vehicle with a GVWR above 10,000 pounds.
- CDL Class C: Drivers must obtain a CDL Class C if they plan to drive a vehicle that weighs less than 26,000 pounds, is designed to carry 16 or more passengers (including the driver), or will transport hazardous materials.
Those who successfully receive a CDL may also obtain certain endorsements, which are based on the types of items they may be transporting or vehicles they may be driving. Some of the most common endorsements are Doubles and Triples, Tank vehicles, Hazardous Material, Tank and Hazmat, and Passenger Classes A, B, or C.
Do truckers need to take a driving skills test to obtain a CDL?
There is a driving skills test, which individuals can schedule after they have had their commercial driver’s permit (CDP) for at least 14 days. The driving skills test, also frequently called a road test, can be taken on either Monday, Tuesday, Thursday, or Friday during the week. When a person arrives to take their driving skills test to obtain their CDL, they must show the following:
- Their CDP
- The vehicle and trailer’s registration card that they will be driving
- The accompanying driver’s proof of age and driver’s license
- The vehicle’s car insurance card
After the information is determined to be valid and up to date, the driver will be required to perform an inspection before they get behind the wheel. Then, they will need to successfully pass the basic controls test and the on-road driving test.
How much does it cost to get a CDL in Delaware?
The cost of getting a CDL in Delaware is not very high. First, drivers will get a CPL, which is only $5. Then, they can get the CDL, which is $30 for five years or $48 for eight years. If a driver would like to add any endorsements, these are $5 apiece.
What happens if I am involved in an accident with a truck driver who does not have a CDL?
If you are involved in an accident with a truck driver who does not have a CDL, this means that they were unqualified to drive or operate the truck. They either never possessed a CDL, their CDL expired, or they lost their CDL. There are many ways that a driver can lose their CDL, such as drinking and driving, speeding, refusing to take an alcohol test, or leaving the scene of an accident.
However, a lot of trucking companies are so short-staffed that they are becoming desperate to fill their positions and get their loads delivered. Therefore, some may be hiring truck drivers who only have a CDP or have made promises to obtain or renew their CDL as soon as possible. When a trucking company hires a truck driver who does not have a valid or up-to-date CDL and that driver causes a crash, this is considered negligent hiring.
Trucking companies are required to conduct background checks, and interviews, and look at the individual’s driving history before they hire or allow them to operate their trucks. If they fail to do this or knowingly allow a person to drive their trucks with no CDL, they accept the responsibility if the truck driver causes a crash. When this happens, you most likely have a good chance at filing a truck accident claim against both the truck driver and the trucking company that employed them.
How do I prove that the truck driver or trucking company is liable?
Since these types of cases can become complicated quickly, you must hire a truck accident attorney to help you collect evidence. The goal is to prove that the driver was unqualified and that the trucking company is liable for negligent hiring, which led to your accident. Some of the evidence that your lawyer may help you collect for this type of case includes:
- Photos
- Videos
- Surveillance footage
- Dashcam footage
- Black box data
- Medical records
- Police report
- Company records
- Expert witness testimony
- Eyewitness statements
- Driver history
Have you or a loved one been injured in a truck accident? If so, please do not hesitate to seek guidance from the truck accident attorneys at Silverman, Friedman & McDonald at your earliest convenience. We have built a solid reputation among our clients for being compassionate, understanding, and hardworking. Therefore, if you choose to work with us, you will have a team of lawyers by your side, protecting your rights and fighting for the maximum compensation you are owed. Please call our office or submit our contact form to schedule a free case evaluation in Newark, Seaford, or Wilmington today.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.