The hours after a commercial vehicle accident shape everything that follows: the injured parties' care, your regulatory compliance, the evidence available to defend the claim, and ultimately what the claim costs and how it affects your safety record and renewal. Fleets that handle accidents well have usually decided in advance who does what. This guide lays out the steps for drivers, dispatch and management, with the federal and Washington requirements that apply to motor carriers.

At the scene: the driver's first priorities

The driver's job at the scene is safety first, then documentation. A printed card in every cab with these steps, and the phone numbers to call, prevents improvisation under stress. Our article on truck accident response at the scene goes into more detail.

  1. Stop and secure the scene. Stop safely, turn on hazard lights and set out warning devices. Do not leave the scene except to get help or emergency care.
  2. Check for injuries and call 911. Request police and medical help whenever anyone is hurt or vehicles are disabled.
  3. Call dispatch or your safety contact. This starts the company's response, including any post-accident testing decision.
  4. Document. Photograph all vehicles, positions, damage, skid marks, road conditions, signals and signs. Note the time, location and weather.
  5. Exchange information. Get names, contact details, license, plate, insurance and vehicle information from other drivers, and contact information from witnesses.
  6. Stick to facts. Cooperate fully with police, but do not admit fault, speculate or discuss the accident with anyone other than police, your company and your insurer. Do not post about it.

Post-accident drug and alcohol testing

For CDL drivers, FMCSA rules require post-accident testing of each surviving driver as soon as practicable after certain accidents involving a commercial motor vehicle on a public road. Testing is required in these situations:

Accident outcomeDriver cited for a moving violation?Test required?
Human fatalityYes or noYes, alcohol and drugs
Injury treated immediately away from the sceneYesYes
Disabling damage requiring a towYesYes
Injury or tow-awayNoNot required by the federal rule

The citation window is 8 hours for alcohol testing and 32 hours for drug testing. If the alcohol test is not given within 2 hours, the employer must keep a written record of why; after 8 hours, it must stop trying and document the reasons. Drug testing must be completed within 32 hours. The driver must remain readily available for testing or may be considered to have refused, though the rule does not require delaying necessary medical care. Tests by law enforcement can satisfy the requirement in some circumstances if they meet the applicable rules and the employer obtains the results. See our DOT drug and alcohol testing guide for the full program requirements.

Make the testing decision fast. The clock starts at the accident, not when someone in the office hears about it. Dispatch should have a decision chart and the after-hours contact for your collection provider.

Reporting: police, the state and your insurer

In Washington, the driver of a vehicle in an accident involving injury, death, or property damage at or above the state's reporting threshold must file a written collision report within four days, unless a law enforcement officer is required to file the report. The Washington State Patrol sets the property damage threshold by rule; it is currently $1,000. Reports go to the police department in a city or town, or to the county sheriff or State Patrol outside incorporated areas. Other states have their own rules for accidents that happen there.

Report the accident to your insurer or broker promptly, even if you think damage is minor or the other driver was at fault. Commercial auto policies typically require prompt notice of any accident, and a late report can complicate the claim. Early notice also lets the carrier contact claimants, inspect vehicles and preserve evidence while it is fresh.

Record it: the DOT accident register

Federal rules require motor carriers to keep an accident register for three years. A DOT-recordable accident is one involving a commercial motor vehicle in interstate or intrastate commerce that results in a fatality, bodily injury to a person who immediately receives medical treatment away from the scene, or disabling damage to one or more vehicles requiring a tow from the scene.

  • Record the date, nearest city or town and state, driver name, number of injuries and fatalities, and whether hazardous materials other than fuel were released.
  • Obtain and keep copies of all accident reports prepared by law enforcement and insurers for recordable accidents.
  • Be ready to produce the register during a compliance review or audit. See DOT audit preparation.

Preserve the evidence

Serious accidents can lead to lawsuits months or years later, and the evidence that defends your driver often lives in systems that overwrite data automatically. Once an accident occurs, treat these records as evidence and preserve them; losing them after you knew a claim was likely can create its own legal problem.

Vehicle data

ELD records, engine control module data, telematics and GPS history, and forward- and driver-facing camera video.

Driver records

The driver qualification file, hours-of-service records, training and testing records.

Vehicle records

Inspection, maintenance and repair records for the units involved. Do not repair or dispose of vehicles before the insurer has had a chance to inspect.

Scene evidence

Photos, witness information, the driver's written statement taken while memory is fresh, and dispatch communications.

For a structured approach, see claims investigation: gathering facts while they're fresh.

Protect your safety record

Crashes affect your carrier's safety data even when your driver did nothing wrong. FMCSA's Crash Preventability Determination Program lets carriers request a review of eligible crashes through the DataQs system. The program reviews 21 specific crash types, and requests must include the police accident report along with any supporting documents, photos or video. FMCSA cannot review crashes older than five years, and the agency has noted that requests are taking an average of 90 days to process. Crashes on or after December 1, 2024 are reviewed under the current eligibility list. Our article on CSA scores explains how crashes feed into your record.

Which insurance typically responds

A single accident can involve several policies. How each responds depends on its terms, limits and exclusions:

  • Auto liability on your commercial auto or truck insurance policy responds to injury and damage claims from others, including defense costs.
  • Physical damage (collision and comprehensive) covers your own vehicle, if carried, subject to the deductible.
  • Cargo coverage responds to damage to freight you are hauling, within the policy's terms. See cargo claims.
  • Workers' compensation responds to your driver's own injuries. In Washington, most employers' coverage is through L&I.
  • Umbrella or excess liability adds limits above the auto policy when a claim exceeds it.

After the claim is filed

  • Name one internal contact for the adjuster and route all claimant and attorney contacts to them.
  • Review the driver's fitness to return to duty, any training needs and the cause of the accident.
  • Complete an internal review and fix the cause, whether it is routing, scheduling, training or equipment.
  • Track open claims and reserves before renewal; they affect how underwriters view your fleet.

When to call a broker

Call us right away after any accident involving injury, a tow, a citation or a claim against you, and call us before an accident to set up your response plan, reporting contacts and preferred vendors. As a broker, we help you report the claim, stay in contact with the adjuster and understand how the outcome may affect your renewal. Coverage for any accident depends on the facts and your policy's terms.

Sources