Chicago Accident Lawyer Blog
Zneimer & Zneimer, P.C. is a highly respected Chicago law firm with deep experience in both personal injury and immigration law. Our attorneys regularly represent victims injured in trucking accidents, and we also assist individuals navigating the complex immigration system, including commercial drivers working under valid immigration status. We follow closely all trucking regulations.
On April 28, 2025, the White House issued a new Executive Order requiring strict enforcement of English proficiency requirements for commercial motor vehicle (CMV) drivers. This move, combined with action from the Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA), represents a major shift in federal trucking regulation—one that directly affects the safety of Illinois highways and the liability of commercial carriers.
Under 49 C.F.R. § 391.11(b)(2), commercial drivers must be able to read and speak English well enough to converse with the public, understand highway signs and signals, respond to official inquiries, and make entries on required reports. Despite this longstanding rule, enforcement had been largely suspended since 2016. That has now changed, and we anticipate more drivers will be ordered out of service.
The Department of Transportation has rescinded the prior guidance that prohibited placing drivers out-of-service for violating the English proficiency standard. Moving forward, drivers who cannot meet the English language requirement will be deemed unqualified to operate a CMV and subject to out-of-service orders.
Trucking companies and drivers must now take proactive steps to ensure compliance with federal English proficiency standards to avoid regulatory violations, liability exposure, and out-of-service orders. Carriers should revise their hiring and training protocols to include clear assessments of a driver’s ability to read and speak English as required under 49 C.F.R. § 391.11(b)(2). This may include conducting internal language evaluations, requiring proof of English coursework or certification, and offering employer-sponsored English as a Second Language (ESL) programs. Drivers who struggle with language fluency should be encouraged to enroll in ESL classes, many of which are available through community colleges, adult education centers, or online platforms tailored to commercial driving vocabulary and real-world communication. Addressing language deficiencies not only ensures legal compliance but also promotes safer roads for all motorists.
This is considered more than just a regulatory formality—it is a safety mandate. The FMCSA has documented several fatal crashes involving drivers who failed to heed road signs because they could not read English. In one tragic case, a truck traveling nearly 100 miles per hour plowed through multiple warning signs before crashing into passenger vehicles, killing four people.
For personal injury attorneys and injured victims, this change has serious implications. If a trucking company hires or continues to employ a driver who cannot understand English—and that driver causes a crash—the company may be liable for negligent hiring or retention. In litigation, this failure to comply with federal safety standards can be used as compelling evidence of negligence. Although driving a truck without sufficient English proficiency is not a criminal misdemeanor in itself, it can lead to a driver being placed out of service, termination of employment, or even a finding of ineligibility for certain immigration benefits if it results in a pattern of violations or raises questions about lawful presence or admissibility. Our firm is uniquely positioned to help drivers and carriers address both the regulatory and immigration impacts of these enforcement changes, ensuring compliance while protecting legal status and avoiding unnecessary penalties.
At Zneimer & Zneimer, P.C., we have litigated many trucking cases involving federal regulatory violations. We will continue to investigate whether the driver was legally qualified under federal law, including the ability to meet the English requirement. If you or a loved one has been injured in a trucking crash, contact our office for a free consultation.