The Tennessee Highway Patrol has removed 800 commercial drivers from service for English-language proficiency violations, according to an August 5 release from the Tennessee Trucking Association. The figure emerges as the Federal Motor Carrier Safety Administration accepts public comments through Oct. 9 on a proposal that would immediately put drivers who fail the requirement out of service. The convergence of state enforcement and federal rulemaking represents a significant shift in how regulators police the commercial driving workforce, with direct consequences for highway safety and the legal landscape surrounding truck crashes.
From June 25, 2025, through March 19, 2026, roadside inspectors nationwide issued 60,399 English proficiency violations, and 19,045 of them led to out-of-service orders, according to the proposed rule. Those numbers underscore that the issue is not isolated to Tennessee but reflects a broader enforcement priority. For motorists, the implications are twofold: removing drivers who cannot understand highway signs or respond to officials reduces immediate risk, but it also means many carriers may face pressure to fill gaps in their fleets, potentially cutting corners on hiring and supervision.
Under 49 CFR 391.11(b)(2), a commercial driver must read and speak English well enough to understand highway signs, respond to officials, and complete required reports. After a truck crash, records tied to that rule and others are typically reviewed in a specific order. First, the driver qualification file, which federal rules require a carrier to keep for every driver it employs. Then roadside inspection reports and any out-of-service orders issued to the driver or truck. Investigators also examine whether the carrier put the driver back on the road before the order was resolved, and hiring and supervision records that may support a negligent hiring or negligent entrustment claim against the company. Electronic logging device data, dashcam footage, and the truck's event data recorder round out the evidence.
Timing is critical. Tennessee generally allows one year from the date of injury to file a personal injury lawsuit under Tenn. Code Ann. § 28-3-104. Trucking companies and their insurers often start investigating within hours, and some electronic data can be overwritten unless someone asks for it to be preserved. Attorneys advise people hurt in commercial vehicle crashes to ask about the at-fault driver's inspection history early in a claim, because those records can establish a pattern of violations that supports a claim for punitive damages or negligent supervision.
"A crash report shows what happened in a few seconds on the interstate, but the carrier's own records often show why," said Chris Patterson, managing partner of Patterson Bray. "If a company knew a driver had been pulled off the road and sent him back out anyway, that's something a jury needs to hear about." Patterson's firm, Patterson Bray PLLC, represents individuals and families across Tennessee and Mississippi in personal injury and wrongful death cases, among other matters.
The federal rule, if finalized, would formalize what Tennessee has already begun: removing drivers who cannot meet basic English proficiency standards. For carriers, that means tighter compliance obligations and potential liability if they fail to screen or supervise drivers properly. For crash victims, it means a new avenue to uncover evidence of negligence that might otherwise remain buried in a file. As the comment period closes, the stakes for both industry and the public are clear.
