When accidents happen, allegations of negligence involving the truck
driver and the motor carrier are often made. To defend against
allegations of negligence:
- Determine need for post-accident alcohol and drug testing
- Collect documentary evidence
- Immediately suspend the destruction of any records
An accident may also trigger a Department of Transportation (DOT) audit of your operations . A DOT safety audit will review your safety and records to asses your compliance with the Federal Motor Carrier Safety Regulations , applicable Hazardous Materials Regulations and any related record keeping requirements.
Preserve Records
Immediately suspend the destruction of any records for the driver and vehicle involved in the accident. This information will be vital to defending your business in the event of a claim of negligence.
Determine the Need for Alcohol and Drug Testing
The table below shows when a post accident test is required. Testing requirements include:
- Alcohol testing is to be performed within 2 hours of the accident
- Drug testing is to be performed within 32 hours of the accident
- Breath or blood tests for the use of alcohol or urine test for the use of controlled substances may be conducted by federal, state, or local officials having independent authority to test and must conform to applicable federal, state, or local requirements
- You must obtain and maintain the results of the tests
If the accident involves: |
Citation issued to the CMV driver |
Test must be performed by employer |
Human fatality |
Yes |
Yes |
No |
Yes |
Disabling damage to any motor vehicle requiring tow away |
Yes |
Yes |
No |
No |
Bodily injury with immediate medical treatment away from the scene |
Yes |
Yes |
No |
No |
Collect Documentary Evidence
Collect and preserve documentary evidence including but not limited to the following:
- The driver’s record of duty status (logs) for the day of the accident as well as seven days prior. Most claims of negligence in trucking accident litigation allege that the accident occurred because the driver was fatigued from driving out of hours. (49 CFR Part 395)
- All fuel receipts, bills of lading and delivery receipts, dispatch records, toll road receipts, roadside and scale inspections, and similar records that can be used to document and support the driver’s log entries.
- Documentation of the driver's qualifications , any inquiries or review of his/her driving record and the driver's physical qualifications and examinations (49 CFR Part 391)
- Vehicle maintenance and inspection records performed by your company or a third-party repair facility as required (49 CFR Part 393 and 49 CFR Part 396)
- Data from electronic data recorders , satellite tracking programs, event data recorders and other systems. This information may be vital to understanding why the accident occurred and will also help substantiate log and maintenance records
- Alcohol and drug tests of the driver involved in the accident (49 CFR Part 382)
- Copies of all your company policies , procedures, and records including hiring, training , and disciplinary policies
- Company accident registers with all accidents shown for a 3 year period following the date of each accident as required (49CFR Part 390.5)
- Copy of your company's accident reports and any law enforcement reports produced at the accident scene , including witness and driver statements and any photos taken
Source - Sentry Insurance Safety Advisor