A DOT-recordable accident is one involving a commercial motor vehicle that results in either a fatality, personal injury to any person that requires immediate medical attention away from the scene of the accident, or disabling damage to any vehicle that requires it to be towed from the scene.
Motor carriers must list each DOT-recordable in which their vehicles and drivers have been involved in an accident register and maintain that register and associated records e. Whether an accident qualifies as DOT-recordable depends on whether it fits within the definition of an "accident" under Section According to that definition, "accident" means:.
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. Any accidents that fit these criteria are DOT-recordable, and any that don't are not. Of course, as you might expect, there can be some nuance to this analysis. For example, the FMCSA has provided the following regulatory guidance that is pertinent to the analysis:.
Question 12 : A CMV becomes stuck in a median or on a shoulder, and has had no contact with another vehicle, a pedestrian, or a fixed object prior to becoming stuck.
If a tow truck is used to pull the CMV back onto the traveled portion of the road, would this be considered an accident? Guidance: No. Question Must a person who is injured in an accident and immediately receives treatment away from the scene of the accident be transported in an ambulance?
Any type of vehicle may be used to transport an injured person from the accident scene to the treatment site. The term "immediate" means without an unreasonable delay. A person immediately receives medical treatment if he or she is transported directly from the scene of an accident to a hospital or other medical facility as soon as it is considered safe and feasible to move the injured person away from the scene of the accident. Question A person involved in an incident discovers that he or she is injured after leaving the scene of the incident and receives medical attention at that time.
Does the incident meet the definition of accident in 49 CFR The incident does not meet the definition of accident in 49 CFR Question A person is transported to a hospital from the scene of a commercial motor vehicle traffic accident. In another situation, the person undergoes x-ray examination or is given a prescription, but is released from the facility without being admitted as an inpatient.
Guidance: In the first situation, no. In the second situation, yes. The Department of Transportation determines your accident frequency by assigning a number to your safety rating, which is used in the event of an audit. These consequences may include being barred from transporting over 15 passengers or hazardous materials on the road.
If you have any procedural or factual disputes regarding how your safety rating was calculated, you may petition to have them reviewed. Make sure to ask your company or the Department of Transportation for more information on this process.
You must complete alcohol testing within two hours of your DOT recordable accident. If you cannot submit a test within these amounts of time, document the reason why. You must complete a drug test within 32 hours of the DOT recordable accident. Failing to complete and file the necessary forms after a DOT recordable accident may lead to a CDL license suspension.
Even after reading about the rules, you may still have some unanswered questions or need some help. If you have any concerns related to a particular accident, you should speak with an experienced personal injury lawyer as soon as possible. The FMCSA operates under the federal Department of Transportation DOT and requires that motor carriers keep track of serious accidents involving commercial motor vehicles large trucks, buses, etc.
Because most motor carriers operate across state lines, they will be required to follow the guidelines set in place by the FMCSA. Any accident involving a commercial motor vehicle that meets the following criteria will be considered a DOT-recordable accident:. When determining whether or not an accident is DOT-recordable, federal regulations do not consider which party was at fault or whether or not the accident could have been prevented.
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