When accidents happen, allegations of negligence involving the truck driver and
the motor carrier are often made. To defend against allegations of negligence:
- Immediately suspend the destruction of any records
- Determine need for post-accident alcohol and drug testing
- Collect documentary evidence
An Accident may also trigger a Department of Transportation (DOT) audit will review
your safety management systems and records to assess your compliance with the
Federal Motor Carrier Safety Regulations, applicable Hazardous Materials Regulations
and any related recordkeeping requirements.
Preserve Records
Immediately suspend the destruction of any records for the driver and the vehicle involved in the accident. This information will be vital to defending your business in the even 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 two 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
Collect and preserve documentary evidence including but not limited to the following:
- The driver’s record of duty status sheets (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. (49CFR 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.
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 |
- Documentation of the driver’s qualifications, any inquiries or review of his/her driving record and the driver’s physical qualifications and examinations.
- Vehicle maintenance and inspection records performed by your company or a third-party repair facility as required (49CFR Part 393 and 49CFR 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 (49CFR 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 three-year period following the date of each accident as required (49CFR Part 390.15)
- 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