Post-accident checklist

Scope

Though not required by regulation, a post-accident checklist may be used by drivers, dispatchers, and other motor carrier personnel to determine appropriate steps after a commercial motor vehicle crash.

Regulatory citations

• 49 CFR 382.303 — Post-accident testing
• 49 CFR 390.15 — Assistance in investigations and special studies

Key definitions

• Accident: An occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:
  • (i) A fatality;
  • (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
  • (iii) 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 exiting or entering from a stationary motor vehicle, or the loading or unloading of cargo.
• Accident register: A list of all accidents maintained by a motor carrier, with specific information related to each accident, as required by 390.15.
• 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: Vehicle damage which prevents a motor vehicle from departing the scene of the accident in its usual manner, in daylight, after simple repairs. This includes damage to motor vehicles that could have been driven but that would have been further damaged if so driven. It does NOT include damage which can be remedied temporarily at the scene of the accident without special tools or parts, tire disablement without other damage even if no spare tire is available, headlamp or taillight damage, and damage to turn signals, horns, or windshield wipers which makes them inoperative.
• Electronic logging device (ELD): A device used to record a driver’s duty status and that requires integral synchronization with the vehicle’s engine for information and power to record vehicle movement and status legally and correctly without alteration.
• Global positioning system (GPS) data: Vehicle latitude and longitude coordinates that are received from satellites and interpreted to determine a vehicle’s precise location and speed. This data is usually captured by a GPS receiver in the mobile communication system or in the electronic logging device (ELD). Positioning information can also be collected from cellular-based systems.
• Spoliation: The act of ruining or destroying records or other evidence.
• Telematics data: The data collected by a vehicle’s electronic control module or advanced driver assistance systems and either downloaded or otherwise transmitted electronically for use to identify instances of following too close, lane departures, vehicle speed, hard-braking events, etc.
• Video-event recorder (dash cam):A camera or system of cameras mounted on and/or in the vehicle, which may be road-facing and/or driver-facing, used to record video clips just prior to and after a crash as well as to monitor driving behavior. The data and video footage recorded can detect events triggered by hard braking, lane departures, traveling at high-speed and speed-limit violations, following too close, driver distraction, and lack of seat belt use, just to name a few events.

Summary of requirements

After an accident occurs, trained personnel working for the motor carrier should take the following actions:

• Assess the driver’s current mental and physical condition to reassure the driver that their condition is of the utmost importance.
• After assessing the driver’s condition, whoever takes the call for the accident should use a checklist to ensure that specific driver actions take place if possible, such as to:
  • Secure the vehicle,
  • Activate four-way flashers or place triangles/flares,
  • Check for injuries (coach the driver not to apologize for the crash),
  • Take photos,
  • Identify witnesses, and
  • Conduct any other tasks recommended in the carrier’s post-accident procedure or as identified by the carrier’s attorney.
• When a driver is injured or passes away, have trained personnel reach out to the driver’s family to offer any assistance and reassurance at the appropriate time.
• Conduct post-accident drug and alcohol testing, when required in accordance with 382.303, within the 8- and 32-hour timeframes.
• Contact the customer who was expecting the shipment or service.
• Contact the motor carrier’s insurance agent.
• Contact the motor carrier’s attorney to manage the investigation, if the accident was severe enough to require it. (If there is potential for litigation, the attorney will likely ask drivers to surrender their cell phones to protect that information from spoliation or being overwritten.)
• Save the driver’s activity for the past 30 days for as long as needed due to potential litigation, including:
  • Shipment paperwork;
  • Dispatch records;
  • Global Positioning System (GPS) tracking and vehicle telematics data;
  • Video event recorder or dash-cam footage and behavioral data (ensure the data prior to the crash is not overwritten);
  • Records of duty status from the electronic logging device (ELD) or paper logs, and supporting documents, including expense receipts (especially those with date, time, and location information);
  • Time records for drivers not required to use an ELD;
  • Payroll information; and
  • Anything else created internally.
• Capture the following records as they existed on the day of the crash:
  • The driver’s files (driver qualification and drug and alcohol testing), and
  • The vehicle files for all equipment that was involved.
• Reach out to the investigating officer to provide company contact information.
• Request a copy of the accident report as soon as it is available.
• Arrange an independent inspection of the vehicle(s), the crash scene, and all available video footage, including other vehicle, traffic, or building-mounted video recorders.
• Enter required facts about the accident onto an accident register in accordance with 390.15 but don’t determine preventability if there is potential for litigation.