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 enforcement figures arrive as the Federal Motor Carrier Safety Administration accepts public comments through Oct. 9 on a proposal that would put drivers who fail the requirement out of service immediately. The combination of state enforcement and a potential federal mandate signals a significant shift in how regulators, carriers, and courts may treat language proficiency as a safety issue.
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 illustrate that the issue is not isolated to Tennessee. For crash victims, the implications are substantial: a driver's inability to understand highway signs or respond to officials can directly affect whether a crash occurs and how responsibility is assigned.
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. Next, whether the carrier put the driver back on the road before the order was resolved. Also, hiring and supervision records that may support a negligent hiring or negligent entrustment claim against the company. Finally, electronic logging device data, dashcam footage, and the truck's event data recorder.
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. That means evidence of an English proficiency violation could disappear if not requested promptly.
"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."
The broader implication is that carriers may face greater exposure if they ignore out-of-service orders tied to language violations. As the federal rule moves forward, plaintiffs' attorneys are likely to scrutinize whether a trucking company knowingly kept an unqualified driver behind the wheel. For victims, that can mean the difference between a routine settlement and a claim that holds a carrier accountable for its own safety failures.
