Over the past decade, nuclear verdicts have become a big issue for the trucking industry. According to a study by the American Transportation Research Institute (ATRI), these judgments have risen sharply — a whopping 967% between 2010 and 2018. For million-dollar lawsuits involving a truck crash, it’s pushed the average verdict size to $22.3 million. Not only are these verdicts putting companies out of business, but they’re causing insurance premiums across the industry to skyrocket. According to the ATRI report on this issue, one motor carrier was forced to close its doors after its single-year insurance rates nearly doubled from $340,000 to $700,000. And they haven’t been the only casualty of the insurance hike — there have been many other fleets and family-owned businesses that have been forced into closure, as well. The Role of Reptile Theory One of the reasons these verdicts are thought to be so effective is because of a litigation tactic known as “reptile theory.” It was first used in 2009, and the strategy behind this approach is to play on the jurors’ emotions by prompting feelings of anger and fear — and ultimately encouraging these detrimental nuclear verdicts. The plaintiff’s attorney has one job: to win the case. And they’ll do just about anything to get there. As a trucking company, there’s nothing you can do to prevent these tactics in court. But you can take the necessary safety and compliance steps to avoid a lawsuit in the first place. How to Build a Culture of Safety Although not all accidents can be prevented, data from the FMCSA found that only three percent of all crashes were the result of environmental factors. A whopping 87 percent of crashes were the result of driver error and 10 percent were due to mechanical issues with the truck. In other words? By creating a culture of safety and compliance in your company, you’ll not only make it much less likely that your drivers will be involved in an accident, but you’ll be creating a solid shield of protection to fight back against claims of negligence should you find yourself sitting in a courtroom someday. It’s without a doubt, the simplest and least expensive way to protect the future of your company. Create & Maintain Compliant Driver Qualification Files According to the ATRI report, in every case where the driver’s history played a role in the accident, the defendant was found guilty of negligence. However, it’s also an area that is completely avoidable — both by having thorough background screening processes in place and by maintaining compliant Driver Qualification Files (DQFs). It’s Time to Transition to Digital Driver Files Non-compliant driver files are a big industry problem. In fact, they account for many of the top acute and critical FMCSA violations annually. The top five driver qualification file violations are as follows: Driving a commercial motor vehicle while disqualified Using a physically unqualified driver Not keeping inquiries into driving records in a driver qualification file Failing to maintain a driver file on each driver Not keeping a medical certificate in a driver file It’s not that these files are necessarily difficult to create when a new driver is hired (though there are often steps missed in the process), but it can be difficult for companies to keep these files updated on an ongoing basis — and the more drivers they hire, the more difficult it gets. Free Guide: How to Manage Compliant Driver Files If you think you might be committing any of these violations or your DOT driver files are hurting more than helping you, don’t worry, there is light at the end of the compliance and litigation tunnel. Luckily, you don’t have to go it alone when it comes to your DQFs and ensuring you’re meeting — or exceeding – DQF regulations and best practices. Foley’s Driver Qualification Files Solution To comply with the FMCSA’s offsite audit requirement, driver files should be maintained in a secure, digital format. Foley offers easy-to-use driver file creation and maintenance in our exclusive platform, Dash. We’ll convert your paper files to an electronic format so they can be easily downloaded and presented to a compliance officer (or a judge if you’re ever faced with a lawsuit). All files are securely stored to prevent tampering. Dash also keeps track of important dates and provides alerts when a CDL or medical card is up for renewal, or a change is detected on the driver’s MVR report. At Foley, we’ll evaluate your current safety and compliance procedures and set you up with our automated compliance platform that will help keep your files organized and compliant. Take our free quiz to see if your driver files are where they need to be, or click here to get started with a free Dash demo today.

The DOT physical eye test must be passed to ensure the safe operation of your company's vehicles and maintain your DOT compliance. Over 12 million people over 40 in the US have vision impairment, so it’s certainly not an uncommon issue to come up in a DOT physical. The DOT (Department of Transportation) physical is designed to ensure any driver of a large commercial vehicle (CMV) weighing over 10,000 lbs is healthy enough to safely operate the vehicle. If you’ve recently found out that your vision has deteriorated, or if you are preparing for your first DOT physical, it’s a good idea to familiarize yourself with the DOT vision requirements so you can walk into your physical feeling confident about your ability to pass and get your medical card. If you’re not sure what to expect from your DOT physical exam, make sure you read our overview here, but to find out about what the eye exam entails, read on. What Eye Chart is Used for the DOT Physical? The DOT physical eye chart is the Snellen eye chart, which can be found in any doctor’s office or optician’s office. You stand or sit 10 feet away from the chart and are asked to read the lines. Alternatively, the Titmus Vision Tester, which is a small device that measures vision, may be used, though this is rare. What are the Vision Requirements for a DOT Physical? To pass the DOT physical, you need to have 20/40 vision in each eye with or without glasses, and a field of vision of at least 70 degrees in each eye. You also need to have the ability to recognize different colors of traffic lights and signals that show red, green, and amber. If you require glasses to correct your vision to this level, you must wear them at all times while driving, and this will be noted on your certificate saying “Qualified only if wearing corrective lenses.” If you choose to use contact lenses, this is also permissible, provided you are used to wearing and using them. The use of telescopic lenses is not acceptable for driving CMVs. You can apply for the Federal vision exemption if you do not meet the Federal vision standard, provided you meet all other physical standards. Click here to find out more. What is the DOT Eye Test for? The DOT eye test is designed to ensure you have sufficient natural vision or sufficient corrected vision to allow you to safely operate a CMV. It tests for your distance vision, peripheral vision, and color blindness. Should I Wear My Glasses or Contact Lenses for the DOT Vision Test? If you normally wear your glasses or contact lenses for most of the day, then it’s a good idea to go to your physical wearing them as normal. You can then tell the Medical Examiner that you wear them all the time, and you can tell them about your quality of vision. They will likely allow you to complete the vision test wearing your glasses or contact lenses. What Does Your Eyesight Have to Be to Pass a DOT Physical? To pass the DOT physical eye test, your eyesight needs to be at least 20/40 on the Snellen eye chart, with or without corrective eyewear in each eye, and both eyes. Your peripheral vision needs to be 70 degrees or better in both eyes. Can I Pass the DOT Physical Eye Exam with Monocular Vision? You cannot pass the DOT physical eye exam with monocular vision, but if you pass the physical in all other aspects, then you can apply for a Federal Vision Exemption. To be applicable for the Federal Vision Exemption, you need to have at least 20/40 vision in your good eye, and 70 degrees peripheral vision in that eye too. New Webinar Series: Clearinghouse Recordkeeping & Data Management Can I Pass the DOT Physical if I’ve Had Laser Eye Surgery? If you’ve had laser eye surgery, then you should have an extremely good quality of vision and won’t have any problems passing the eye test. What Happens if You Fail the DOT Eye Exam? If you fail the DOT physical eye exam but pass all other aspects of the exam, you can apply for Federal Vision Exemption. Your Medical Examiner may refer you to have your vision tested by a specialist to determine if you are safe to operate CMVs or they may recommend you apply for the Federal Vision Exemption. Make sure your Medical Examiner continues to complete your physical so you can apply for the exemption. What Does the DOT Physical Eye Exam Involve? Your Medical Examiner will ask you about any changes to your vision, ability to see in the dark, and other changes to your eye health. If you have experienced any changes, they may inquire about how those issues are being treated or kept under control. They will then examine your eyes to look for abnormalities and any other issues that may disrupt your vision or cause problems in the future if it goes unchecked. Once the physical examination is over, your Medical Examiner will test your distant visual acuity in each eye, and your distant binocular vision acuity. You must score 20/40 for all 3. This is usually done with a Snellen eye chart but is sometimes used with a Titmus screening instrument. Next, they will test your peripheral vision. Your peripheral vision needs to be at least 70 degrees in the horizontal meridian in each eye. This is usually tested using the confrontational method, which is simply where you look at the Medical Examiner’s nose and are asked to tell them how many fingers they’re holding up in your peripheral. Alternatively, the Titmus device will be used. Finally, they’ll check your ability to identify different colors to ensure you can distinguish between red, amber, and green. Should I Get an Eye Test Before My DOT Physical? Passing your DOT physical eye test isn’t something you need to worry about, provided you are looking after your eye health and vision. If you are worried that your vision has deteriorated or may not be good enough to pass the DOT physical eye test, it may be a good idea to get an eye test before your DOT physical so you can have the correct glasses or contact lenses that will allow you to pass the physical. The DOT physical eye exam does not need to be stressful, and if you look after your eye health and wear corrective eyewear, you shouldn’t have a problem passing the eye test. If you are concerned, consider getting an eye test before your DOT physical so you know where you stand, and won’t have any avoidable surprises. The last thing you want is to go to the physical, find out you need corrective eyewear, and have to retake the physical to pass. If you have any other concerns about what you need to pass, you can find all of our DOT physical articles here. Schedule Your Drivers' DOT Physical Exams with Foley Worrying about whether your CDL drivers will pass their DOT physicals is stressful enough; you don't have to add scheduling these physicals before your drivers' medical certificates expire to the list. Dash, Foley's DOT compliance platform, takes the stress out of managing DOT physicals for fleets of all sizes. Plus, with its intuitive, immediate notifications, you get plenty of a heads-up to ensure your drivers' physical exams are scheduled ahead of their med card expirations. Click here to schedule a free demo of Dash and see how easy DOT physical management can be for you and your team. Links to Related Articles in This Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can I Get a DOT Physical in Any State? DOT Physicals: Can You Pass with a Hernia? DOT Physicals: Will I Pass with Diabetes? DOT Physical Blood Pressure: Requirements & Tips for Passing DOT Physicals: Can I Pass With Sleep Apnea? DOT Physicals: What if I have a Medical Condition? DOT Physicals: Do They Include a Drug Test? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances

Chain of custody forms are one of the most important federal records to keep in your digital driver qualification files. Whether you call them “Chain of Custody forms" or "Custody and Control forms," they are essential to any DOT-regulated company's compliance. Not only are these forms a required component of the DOT drug and alcohol testing process, but they also involve numerous recordkeeping requirements that must be met by motor carriers and companies like yours. Auditors will often request the forms during compliance reviews — yet many carriers aren't sure what to do with them after their drivers' DOT drug tests are complete. Filing them in a secure, digital location is the best way to ensure you don't put your company at risk for recordkeeping violations or hefty fines. If you don’t have one already, it’s critical that you have a DOT recordkeeping solution in place that includes your drivers’ Custody and Control forms (CCFs). That way, you don't have to worry about using the most up-to-date forms or retaining them for the appropriate amount of time. Below, we'll cover the purpose of CCFs, the benefits of electronic CCFs (eCCFs), and how the right DOT compliance services can help you keep up with your eCCF recordkeeping requirements. Chain of Custody Forms Explained Chain of Custody forms serve as paper trails for drug and alcohol specimen tests. They track the entire collection process, from the moment a specimen is received, to its transfer, analysis, and disposal. According to federal law, these forms must be clear, complete, and concise to ensure accurate results that can be quickly reported and acted on. These forms also serve as legal evidence that reported test results are actually those of a given donor. These forms also enable Medical Review Officers (MROs) to report positive drug and alcohol violations to the DOT Clearinghouse – a requirement that started in 2020. To make this possible, the Custody and Control form was recently updated to include the driver’s commercial driver’s license (CDL) number. This is now used instead of the driver’s EIN or SSN for identification purposes. Advantages of Electronic Chain of Custody Forms Electronic Chain of Custody forms (eCCFs) simplify the process of sending employees for tests by eliminating paper handoffs — not to mention human legibility and transcription errors. If there are mistakes on your paper forms, they may be rejected, and your drivers' tests could be canceled. Electronic forms also allow drug test collections to happen quickly. Working with a third-party administrator (TPA) that uses eCCFs as part of their DOT compliance services streamlines the testing process, from the initial test order to the final result delivery. Since electronic forms can be tracked, you're consistently informed through each step. Chain of Custody Form Recordkeeping Requirements When the DOT requires you to use a certain form, it also requires you to keep it in a secure location for a specific period of time. Here are the CCF-related documents you must keep, and for how long. CCFs/MRO results from negative or canceled tests - 1 year from the document date CCFs/MRO results from positive tests - 5 years from the document date Refusal to test records - 5 years from the document date CCFs/MRO results from return-to-duty and follow-up tests (positive and negative) - 5 years from the document date Click here for a complete checklist of DOT recordkeeping requirements you need to know to prepare for your next compliance review. Switching to Electronic Chain of Custody Forms Using DOT compliance software, like Foley’s intuitive platform, makes the transition to eCCFs easy for companies like yours. Once your drivers are enrolled in our DOT drug and alcohol testing program, all forms are automatically stored in the drivers' files, which are accessible from any device. You'll never have to think about whether you’ve maintained all of your drivers’ DOT drug testing records. With Foley’s DOT compliance services, eCCFs are automatically sent to testing facilities and updated throughout the process. Foley customers also receive real-time test status notifications. And if you're looking for a DOT pre-employment drug testing solution, take a look at our new hiring, screening, and onboarding software, Dash. Consolidating your hiring and compliance programs is easier than ever. Remember: custody and control forms are an FMCSA recordkeeping requirement, and you may be asked to provide them during audits. Prepare your company and be compliant! Foley is here to help with your drug and alcohol testing. Get a free software demo now to ensure you're meeting all federal testing and recordkeeping requirements. Fill out the form below to get started!

The Commercial Vehicle Safety Alliance has introduced important updates to the out-of-service criteria (OOSC) for drivers and vehicles, set to take effect on April 1, 2025. This year, the changes primarily focus on mechanical components, such as brakes, tires, and suspension elements, with minor adjustments to driver out-of-service conditions.

Your fleet management tech stack should work for you. What are your current software solutions missing that today's applications could offer you? Nearly every aspect of managing a fleet of commercial vehicles requires an efficient tech stack. If you're still using unresponsive or outdated programs for your dispatch, vehicle maintenance, DOT compliance, and hiring and onboarding processes, your team (who is likely wearing many hats already) is wasting valuable time, money, and resources.

The Commercial Vehicle Safety Alliance (CVSA) has announced that the highly anticipated International Roadcheck will occur May 13-15 this year. This three-day event, covering Canada, Mexico, and the United States, is designed to ensure that commercial motor vehicles comply with regulations and to enhance roadway safety.

Thinking about starting a trucking company? Here's what to do before you start looking for a free DOT number. Becoming an owner-operator can be a promising business venture for anyone interested in how to start a trucking company and ultimately be their own boss. But in order for the business to be successful, there are a few considerations to make even before applying for a free DOT number.

What are CMV drivers actually looking for in employers? Foley uncovers the top 10 driver concerns so you know how to recruit drivers.

Random DOT drug testing is something every FMCSA-regulated employer and driver who has worked in the industry is familiar with. That doesn’t make the process of implementing random drug tests any easier. As a business owner, there are many concerns that may arise within the company and with your drivers when it comes to random drug testing.

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The FMCSA’s seven Behavior Analysis and Safety Improvement Categories (BASICs) each have unique recordkeeping requirements.

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A new phase of the FMCSA Drug and Alcohol Clearinghouse went into effect in November 2024, and it had a major impact on companies with CDL/CLP drivers.

The FMCSA has been known for cracking down on companies that violate its strict federal regulations.

If your commercial driver fleet is growing this year, you must run specific background checks according to federal regulations.

Throughout their careers, many truck drivers consider becoming owner-operators or starting a trucking company. But the process involves many steps with the FMCSA – which can be confusing and expensive if done incorrectly.

This time of year, it’s easy to lose track of your DOT compliance requirements in the holiday hustle and bustle.

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Download our free guide for simple steps you can take to hire and onboard the best drivers for your construction business – all while staying 100% compliant with Regulation Part 391.

Most, if not all, State Department Licensing Agencies (SDLAs) have started sending commercial driver’s license (CDL) downgrade letters via US mail to those drivers with “prohibited” Clearinghouse statuses under the new Clearinghouse-II regulation.

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When a commercial driver is enrolled in the DOT return-to-duty process, their employer must report specific information to the FMCSA Drug and Alcohol Clearinghouse. Many employers will be enrolling prohibited CDL/CPL drivers in the RTD process now that the FMCSA Clearinghouse-II is in effect and revoking the commercial driving privileges of drivers with DOT drug and alcohol violations. In this guide, we walk you through the step-by-step process of all the RTD reporting requirements you must meet if your drivers have been impacted by the new Clearinghouse-II.

The 2025 Unified Carrier Registration (UCR) renewal window is now open.

Starting this year, State Driver Licensing Agencies (SDLAs) will revoke commercial driver’s licenses (CDLs) or commercial learner’s permits (CLPs) based on drivers' statuses in the FMCSA Drug and Alcohol Clearinghouse.

When you run queries on your drivers in the FMCSA Clearinghouse, you may see many different statuses produced throughout the process. What are the statuses, what do they mean, and what actions do you need to take for each one?

Your Compliance, Safety, and Accountability (CSA) score is determined by how well your drivers and company represent DOT compliance and roadway safety.

The DOT Clearinghouse has been in effect since January 2020. You’d think by now that everyone would have it figured out, right?

With 45 locations, managing compliance for drivers and warehouse employees can be complicated, but after working with Foley, the Lindenmeyr Munroe team is seeing real savings in time, as well as lower risk. Foley's real-time notifications are surfacing the right data for each location, so every important alert can be handled proactively.

As a text messaging software solution provider, Avochato knows the power of instant communication. They needed the same advanced approach with their hiring process. Foley’s background screening software offered a better solution than their former impersonal, outdated provider.

In this customer video, Bob Hickey talks about how partnering with Foley has helped their business reduce their risk exposure when it comes to compliance and insurance.

Being new to the trucking industry can feel stressful. Especially when 90% of trucking companies fail in the first 12 months.

Conductor finds a nimble and progressive background check partner in Foley, plus a seamless applicant tracking system (ATS). With Greenhouse Software as their ATS, Conductor had already structured and streamlined their hiring process. But Conductor’s background check vendor (one of the largest in the US and arranged through their former parent company) couldn’t deliver the type of candidate experience that adhered to their strong company culture.

In this customer video, Diana Cooley talks about the benefits she has seen with Foley's Drug and Alcohol Testing, Clearinghouse, Audit Risk Monitor, and Customer Support.

Foley's User-Friendly Solution Helps PKS Achieve Total Compliance and Save Time PKS Concrete Pumping Services turned to Foley to streamline their onboarding and compliance processes. With Foley's user-friendly software, PKS achieved total compliance and saved their team hours each week. The software automated tasks such as drug and alcohol testing, driver file management, DOT physicals, and MVR monitoring, making the onboarding process 75% more efficient.

Streamlining Fleet Management and Improving Compliance: Pet Food Experts' Success with Foley Pet Food Experts, a family-owned distributor of pet food and supplies, faced challenges in managing their fleet of 95 drivers. They needed a cost-effective solution that offered more than just compliance and fleet management features.

Foley streamlined compliance and onboarding so AERO BridgeWorks is audit-ready. AERO BridgeWorks started with manual paper files and reviewing a driver file required the team to look through 3–4 separate locations. The team also needed help making sure they were DOT-compliant.

What gaps or inefficiencies are slowing down your hiring and onboarding processes? Take this quick quiz and find out.

Take our quick assessment to determine your audit risk – as well as what you can do to prepare.

Our quick quiz will walk you through your requirements to make sure you’re running a safe and compliant program.

How much could you save with an MVR Monitoring Program?

Learn what inspectors will be looking for during the CVSA Roadcheck – and whether your company is prepared.

Make sure your driver files are ready for an offsite audit and beyond with our quick compliance quiz.

Are you running risky background checks? Take our short quiz to find out!