Close Menu
Personal Injury Lawyers That Truly Care click here How much is my case worth?
Columbia Personal Injury Attorney > Blog > Car Accident > Feds Extend Commercial Driver Qualification Waiver

Feds Extend Commercial Driver Qualification Waiver


The Federal Motor Carrier Safety Administration will continue to allow unskilled operators to operate big rig trucks, at least until March 2023.

FMCSA has issued waivers from the restriction that limits a state to administer a CDL skills test only to an out-of-state CDL applicant who has taken driver training in that state. The waiver also lifts the rule that commercial learner’s permit holders are not eligible to take the CDL skills test in the first 14 days after the initial issuance of the commercial learner’s permit.

Bureaucrats claimed the latest waiver is in the public interest, “to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver,” according to the order.

First Party Liability

The same duty of care applies to all drivers, regardless of age or experience. Most commercial drivers in South Carolina have a duty of utmost care. They must go above and beyond to prevent accidents.

Recommended following distance is a good example. Most noncommercial drivers should keep about two seconds between themselves and the vehicles immediately in front of them. Most truckers should maintain at least a seven second following distance.

Because of the higher duty of care, tailgating even slightly is usually negligence, or a lack of care. If a lack of care caused injury, a Columbia car accident attorney can obtain compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Additionally, the duty of care begins before truckers get behind the wheel. They need not perform careful vehicle inspections, like state safety inspections. However, they must visually inspect their rigs and address any possible problems. Moreover, once they start driving, they cannot ignore check engine lights and other warnings.

State law reflects the higher duty of care. Usually, the large truck speed limit is lower than the passenger vehicle speed limit. If a trucker violates a safety law, like the speed limit law, and causes injury, the trucker could be responsible for damages as a matter of law. There’s no need to prove a lack of care in these cases.

Third Party Liability

Most truck wrecks cause catastrophic injuries. The average injury-related medical bill in these cases usually exceeds $100,000. This figure doesn’t include lost wages, pain and suffering, emotional distress, and other damages. Most individuals don’t have enough insurance to make good on all these losses.

That’s why the respondeat superior doctrine is so important in truck crash claims. Shipping, transportation, and other companies are financially responsible for car crash damages if:

  • Employee: Most truckers are non-employees for tax and most other purposes. All truckers are employees for negligence purposes. Their employers control them, in terms of things like cargo and delivery schedule.
  • Scope of Employment: Previously, state courts narrowly defined this respondeat superior prong. Now, any act that benefits the employer in any way is within the scope of employment. That could include driving an empty rig to a warehouse or garage.

The respondeat superior rule gives victims access to another source of compensation, but it also makes these claims much more complex for a Columbia personal injury lawyer. Generally, the employer is an out-of-state or offshore conglomerate.

Reach Out to a Thorough Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. Virtual, home, and hospital visits are available.


Facebook Twitter LinkedIn

Practice Areas

Car Accidents

When a car accident happens, your life may be turned upside down in a matter of seconds. Let us help to restore your life.

learn more

Trucking Accidents

Attorney Marc Brown is a knowledgeable truck accident lawyer. We can help you when you need it most.

learn more

Wrongful Death

Experiencing the death of a loved one is a difficult and emotional time. It can also be financially devastating. Let us help!

learn more

Slip & Fall

Marc Brown is an experienced slip and fall attorney that serves the entire states of South Carolina and Georgia.

learn more

Dog Bites

If you need legal help with a dog bite injury, reach out to a South Carolina dog bite lawyer at the Marc Brown Law Firm.

learn more

Crime Victims

In cases of shootings and other crimes, victims can seek financial compensation by filing a civil claim for damages.

learn more
click here view all practice areas

awards & memberships

Super Lawyers 2021
South Carolina Bar
State Bar Of Georgia
Expertise 2021
American Association for Justice
Richland County Bar Association
South Carolina Association for Justice
Million Dollar Advocates Forum
Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award