- The term “accident” is defined by the Federal Motor Carrier Safety Administration (FMCSA).
- Motor carriers must maintain an Accident Register for three years after each “accident” involving one of its drivers and/or vehicles.
- The FMCSA provides a form motor carriers may use to maintain the Accident Register required by 49 CFR § 390.15(b).
- Motor carriers must assist the FMCSA with the investigation of crashes and special studies.
The FMCSA defines an “accident” as an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:
- A fatality;
- Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
- One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.
The term accident does not include an occurrence involving only boarding and alighting from a stationary motor vehicle, or an occurrence involving only the loading or unloading of cargo.
Motor carriers must maintain an Accident Register for three years after the date of each “accident.” The Accident Register must contain, at least, a list of “accidents” containing for each “accident”:
- The date of the accident;
- The city or town, or most near, where the accident occurred and the State where the accident occurred;
- The name of the driver of the motor carrier’s vehicle;
- The number of injuries;
- The number of fatalities;
- Whether hazardous materials, other than fuel spilled from the fuel tank(s) of one or more motor vehicles involved in the accident, was/were released; and
- Copies of all accident reports required by State or other governmental entities, or insurers.
The FMCSA, in accordance with 49 CFR § 390.15(b) which is contained in the Federal Register, provides a form that motor carriers may use to maintain the information required to be kept for three years for each “accident.” The Accident Register form is available at http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/form_1.pdf. All motor carriers (interstate and intrastate) must maintain the information discussed in the previous paragraph in written or electronic form and in one place, such as on this form.
Motor carriers must make all records and information pertaining to an “accident” available to an authorized representative or special agent of the FMCSA, an authorized State or local enforcement agency representative, or authorized third party representative within the time specified by the investigator’s request. Motor carriers must also give an authorized representative all reasonable assistance in the investigation of any “accident,” including providing a full, true and correct response to any question raised by the investigator.
Written by:
William J. “Will” Maiberger, Jr.
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
Email wmaiberger@guerrallp.com
* This information is provided to supply information relating to truck and bus crashes, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. If you have a lawyer, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
