The License That Should Have Expired Two Years Before the Crash — What CDL Failures Mean for Texas Truck Accident Victims
At 11:20 p.m. on March 13, 2025, a semi-truck moving at 69 miles per hour through a 60-mph construction zone on I-35 southbound plowed into stopped and nearly-stopped traffic near Parmer and Howard Lanes in north Austin. Seventeen vehicles were involved. Five people died, including a baby and a child. Eleven others were injured. The driver, now facing 22 charges including five counts of manslaughter after indictment by a Travis County grand jury, was not intoxicated. But he had one critical problem that nobody caught before the crash: his commercial driver’s license should have expired nearly two years before he ever got behind that wheel.
The NTSB investigation into the I-35 crash found something more dangerous than a single reckless driver. It found a systemic failure in how Texas issues commercial driver’s licenses to non-citizens — a failure that put an improperly credentialed driver on the road and kept him there for years. A subsequent federal audit revealed that Texas had been issuing defective CDLs on a massive scale, triggering the revocation of more than 6,400 licenses statewide.
This article examines what the NTSB found, what the federal audit uncovered, what the new FMCSA rules change, and — most importantly — what CDL licensing failures mean for people injured or killed in truck crashes across Texas.
The Crash That Exposed the Cracks
What happened: A semi-truck hauling cargo failed to brake as it approached a traffic queue caused by overnight construction lane closures. The truck plowed into stopped and nearly-stopped vehicles, triggering a chain-reaction collision involving 17 vehicles.
Fatalities: 5, including an infant and a child.
Injuries: 11 additional people injured.
Driver speed: 69 mph in a posted 60-mph construction zone.
Toxicology: Negative for alcohol and drugs. Investigators noted the driver may have had limited opportunities for sleep in the days before the crash.
CDL finding: Texas DPS incorrectly issued the driver a standard, renewable CDL in 2021. Federal law required a non-domiciled CDL that would have expired with his employment authorization in October 2022. He continued to operate commercially for more than two years after that authorization lapsed.
Carrier records: The carrier, ZBN Trucking, maintained no formal hiring process and no written records of drivers’ road tests.
How a License Lasted Two Years Past Its Expiration
Non-domiciled CDLs are issued to drivers who lack permanent residency in the United States — typically non-citizens with temporary work authorization. These licenses are supposed to expire when the driver’s immigration status no longer permits them to work. When an employment authorization document expires, the non-domiciled CDL must expire with it.
In this case, Texas DPS classified the driver incorrectly, issuing a standard renewable CDL instead of a non-domiciled one. That single categorization error meant his license never triggered a renewal check against his authorization status. Year after year, he remained legally licensed in Texas — in defiance of federal requirements. And the carrier that hired him, ZBN Trucking, kept no formal records that would have caught the discrepancy.
The Federal Audit That Changed Everything
In 2025, the Federal Motor Carrier Safety Administration conducted routine compliance reviews of how states issue CDLs to non-citizens. What they found in Texas was so serious it triggered an immediate crisis. Federal auditors reviewed 123 non-domiciled CDLs issued between June 2024 and August 2025. Nearly half of those licenses failed to meet federal standards. The audit identified the same pattern that appeared in the I-35 crash: Texas incorrectly classified drivers’ immigration status, issued licenses valid far longer than federal law permitted, and had no meaningful verification process to catch these errors.
The consequences were swift. Texas DPS notified 5,867 drivers that their CDL privileges had been removed, with the total expected to reach 6,451 once all notifications were sent. The state suspended non-domiciled CDL issuance entirely in September 2025, acknowledging that it could no longer safely verify which drivers qualified to hold these licenses. And the federal government warned that Texas could lose $182 million in federal highway funding if the problems were not corrected.
Why States Cannot Verify What They Cannot See
One reason the audit uncovered so many failures: states have no access to foreign driving records. When a non-citizen applies for a CDL, there is no way for Texas — or any other state — to pull driving records from Mexico, Guatemala, Eritrea, or anywhere else. Previous traffic violations, crashes, and license suspensions in the driver’s home country are invisible to the licensing system. The only meaningful safeguard is to limit the license’s duration and require frequent renewal tied to immigration status. Texas failed to do even that.
The FMCSA identified 17 fatal crashes in 2025 caused by non-domiciled CDL holders whose fitness could not be ensured — 30 people killed in a single year because of a licensing gap that states knew about but failed to close.
CDL Mills: When the Training System Fails Too
The licensing failure extends beyond state bureaucracy into the private sector. Across the country, commercial driver’s license schools have become a profitable business — and many operators have abandoned safety standards in pursuit of revenue. The FMCSA’s Training Provider Registry lists over 35,000 providers nationwide, but only about 2,100 are state-licensed schools. A federal review found that 44% of the 16,000 truck driving schools in the U.S. don’t comply with government rules.
In one documented case, the Skyline CDL School mailed cash payments to a state licensing examiner in exchange for passing grades for unqualified students. When those drivers were retested by federal examiners, 80% of them failed. They had licenses they had not legitimately earned, and they had been operating commercial vehicles on public roads. When a school prioritizes revenue over competence and a state permits it to operate without meaningful oversight, the cost is measured in lives.
What CDL Licensing Failures Mean for Crash Victims
- Negligent entrustment creates carrier liability. When a trucking company hires or retains a driver with a defective, expired, or fraudulently obtained CDL, it can be held liable for negligent entrustment — placing a dangerous instrumentality in the hands of someone unfit to operate it. The carrier’s knowledge, or what it should have known, is the key question.
- Carrier responsibility extends beyond the driver. Trucking companies have a legal duty to verify that every driver holds a valid, properly issued CDL. ZBN Trucking had no formal hiring process and no written records of road tests. That level of negligence creates direct liability for the company, not just the individual driver.
- Third-party claims expand your options. Crash victims are not limited to the driver’s insurance. Claims can be pursued against the carrier, the leasing company, the freight broker, the equipment owner, and any other entity involved in placing that truck on the road. Each responsible party carries its own insurance coverage.
- Evidence disappears fast — act immediately. Electronic logging devices are overwritten every 30 days. Dispatch records get lost. Driver qualification files are “misplaced.” The longer you wait to secure legal representation, the more evidence you lose. Immediate preservation notices are critical to proving negligence and hiring failures.
The New Federal Rule — And Why It May Not Be Enough
In response to the crisis, the FMCSA issued a final rule on non-domiciled CDLs effective March 16, 2026. The rule restricts non-domiciled CDL eligibility to holders of H-2A, H-2B, and E-2 visas only. Employment Authorization Documents — the credential that allowed the I-35 crash driver to obtain his license — are no longer sufficient. The rule affects approximately 194,000 drivers nationwide.
But rules are only as effective as their enforcement. Texas suspended non-domiciled CDL issuance. Will other states follow? Will carriers actually verify that their drivers hold legitimate licenses? Will DPS re-audit its existing issuance practices to catch the errors still embedded in the system? The I-35 crash was not caused by a lack of rules. It was caused by a state agency that didn’t follow the rules it already had.
What This Means if You Were Hurt in a Truck Crash
If you or someone you love was injured or killed in a commercial truck crash in Texas, the systemic licensing failures documented by federal auditors are not abstract policy problems. They are your evidence. They prove that the trucking industry knew — or should have known — that licensing was broken, that unqualified drivers were on the road, and that the public was not being protected.
Start with this: if the driver who hit you obtained their CDL through error, fraud, or negligent verification, the trucking company that hired and retained them is liable. This is not just the driver’s personal negligence. This is the company’s failure to exercise reasonable care in selecting its workforce. Carriers have a legal duty to hire only qualified, properly licensed drivers. When they breach that duty, they are responsible for every injury that results.
If you were involved in the I-35 crash or another major truck collision in central Texas, the carrier’s hiring and retention practices are critical. Was the driver properly licensed? Did the carrier perform background checks? Did it verify CDL status? Did it maintain the safety records required by federal law? These are the questions that determine liability — and they are the questions we investigate on behalf of every client we represent.
One more critical point: evidence in trucking cases disappears fast. Electronic logging devices are overwritten. Dispatch records vanish. Driver qualification files are destroyed. The longer you wait, the more evidence the carrier has time to lose. Early legal action — including immediate preservation notices to the carrier, the insurer, and every involved party — is the single most important step you can take to protect your case.
Your Future. Our Fight.
McFarlane Law represents truck accident victims and families across Texas. When carriers put unqualified drivers behind the wheel, we hold them accountable. Our attorneys have recovered over $50 million for clients and handle every case on a pure contingency basis — you pay nothing unless we win.
No fee unless we win. Available 24/7. Offices in Austin & Odessa.



