Post‑Accident Compliance Best Practices
A Step‑by‑Step Guide to FMCSA Documentation & Record Preservation
After an accident or safety incident involving a commercial motor vehicle, carriers may be tasked with documenting and reporting to insurance providers, evidence preservation, and regulatory compliance. This blog walks through some best practices regarding post‑accident process from response to document retention.
1. Best Practice Action Checklist
Based on the Commercial Motor Vehicle Accident Response Checklist:
Accident location: Confirm coordinates and environmental context.
Vehicle and cargo ownership: Identify all relevant parties, including the driver’s employer and equipment owner.
Hazard conditions: If hazardous materials or environmental risks are involved, act promptly and document thoroughly.
Drug & alcohol testing: Use FMCSA rules §382.303 to determine if and when testing must occur. Follow strict timelines:
Alcohol: within 2 hours (no later than 8)
Drug: within 32 hours
Retain professionals: If serious injuries or fatalities occur, consider immediate retention of counsel, adjusters, or accident reconstructionists.
2. Driver Handling Procedures
Interview driver if medically available; consider preserving confidentiality via legal counsel if serious loss occurred.
Collect: accident forms, citations, statements given to police, and media taken by the driver (photos/videos).
Report to Insurance: for claims administratice and processing
3. Documentation Requirements (FMCSA Criteria)
Based on the Post Accident Documentation Form:
Accident Register: Maintain for 3 years
Time and date of accident
City & State
Accident description
Drivers Name
# of Injuries
# of Fatalities
Whether hazmat was released
Determine if FMCSA alcohol and drug testing is needed:
Fatality
Citation issued to the CMV operator + tow-away
Citation issued to the CMV operator + immediate medical transport
If tests fall outside time limits, document reasons clearly on record.
Attach and file:
Test results
Chain of Custody (COC)
MRO-signed result forms
4. Scene & Evidence Preservation
From the Preservation of Records Process and checklist:
Secure:
Photos/videos of crash scene (from driver, police, media, surveillance, drones)
Traffic control data: speed limits, signals, signage, weather, and construction info
Witness statements from adjuster or third parties
Law enforcement data: reports, 911 calls, post-crash inspections
Data capture:
GPS, ECM, ELDs, collision mitigation, dash cams — preserve records in accordance with internal preservation processes
5. Document Retention and Legal Readiness
Best practices regarding Documents to retain per the Preservation of Records checklist:
Driver Qualification File (DQF): CDL, MVR, prior accidents, prior employment, pre-hire checks
Logs: Hours of service logs, DVIRs, daily trip sheets (at least two weeks prior to the accident)
Maintenance: Inspection/repair orders (6 months prior to accident)
Trip and expense records: Toll, fuel, hotel receipts, weight tickets, bills of lading
Vehicle data: ECM downloads, dispatch records, ELD data, in-cab messages
Policy manuals and driver guidelines
Photos & video from all known sources, and media coverage
Driver Training Records/history
6. Compliance Impact: Why This Matters
Missing records can result in violations, fines, or increased liability.
A post‑accident file demonstrates due diligence and preparedness during audits.
Documentation reduces the risk of spoliation claims or non-compliance penalties.
Conclusion
A single incident can expose carriers to significant regulatory and legal risk — but detailed, timely documentation can protect your operation. Confirm your team is trained on this post‑accident protocol and conduct regular reviews of recent incident files to assess compliance and readiness.
