Accident definition

Scope

This definition applies to commercial motor vehicles operating on a public road in interstate or intrastate commerce.

Regulatory citations

• 49 CFR 390.5 — Definitions

Key definitions

• Accident: An occurrence involving a commercial motor vehicle on a highway in interstate or intrastate commerce that results in:
  • A fatality;
  • Injury to a person requiring immediate treatment away from the scene of the accident; or
  • Disabling damage to a vehicle requiring it to be towed from the scene.
  The term “accident” does NOT include any occurrence which involves only:
  • Boarding or exiting from a stationary vehicle, or
  • The loading or unloading of a vehicle’s cargo.
• Commercial motor vehicle (CMV): A self-propelled or towed vehicle used on a highway to transport property or passengers when the vehicle:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity that requires placarding.
• Disabling damage: Includes vehicles that could have been driven after an accident, but would have been further damaged if so driven. Excluded from disabling damage is:
  • Damage which can be remedied temporarily at the scene without special tools or parts;
  • Tire disablement without other damage (even if no spare is available);
  • Headlamp or taillight damage; or
  • Damage to turn signals, horn, or windshield wipers which makes them inoperative.
• Fatality: Any injury which results in the death of a person at the time of the accident or within 30 days of the accident.
• Highway: Any road, street, or way, whether on public or private property, open to public travel. “Open to public travel” means that the road section is available, except during scheduled periods, extreme weather, or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates.

Summary of requirements

Knowing the definition of “accident” as shown above is key for understanding the types of incidents that:

• Will be reported by authorities to the Federal Motor Carrier Safety Administration (FMCSA) and included in that agency’s motor carrier and driver safety tracking systems, no matter who was at fault; and
• Must be documented in a motor carrier’s accident register.

States use their own criteria for determining which accidents must be reported to the state.

The FMCSA’s official guidance (interpretations) for 390.5 includes details on whether specific types of incidents are considered to be “accidents.”