Driver Incident Reporting Checklist

Workflow a CDL driver and dispatcher run after an on-road incident — from securing the scene through DOT post-accident testing and the carrier's internal investigation. Built around FMCSA Part 382 and 390 requirements, the carrier's accident packet, and the insurance defense f...

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1

Scene Safety and Emergency Response

  1. Stop, secure the rig, and set triangles
  2. Call 911 if injuries or hazards are present
  3. Confirm hazmat status and pull shipping papers
    • If the load is placardable, give responders the shipping papers and the CHEMTREC emergency response number (49 CFR 172.602). Do not let the truck or trailer be moved until the carrier hazmat coordinator approves; releases trigger separate state environmental reporting.

  4. Assess the incident severity
    • FMCSA Part 390.5 defines a DOT-recordable accident as a CMV crash involving (a) a fatality, (b) bodily injury treated away from the scene, or (c) any vehicle towed from the scene due to disabling damage. The answer here drives post-accident drug/alcohol testing and the FMCSA accident register entry.

  5. Notify dispatch from the scene
    • Driver calls dispatch before posting anything, before talking to other parties' insurance, and before signing any document. Dispatcher walks the driver through the accident packet and stays on the line while photos are taken.

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2

Scene Documentation

  1. Photograph all vehicles, damage, and skid marks
    • Wide shots showing position of all vehicles relative to lane lines, then close-ups of damage on every vehicle, then road conditions (skid marks, debris, signage, signal state). Take more than you think you need — plaintiff counsel will subpoena them in 18 months.

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  2. Collect contact and insurance info from other parties
    • Name, phone, address, license plate, VIN, insurance carrier and policy number for every other vehicle. Do not admit fault or discuss the cause; refer the other party to your insurance.

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  3. Get witness names and contact information
    • Use the witness card from the in-cab accident packet. Independent witnesses are the single most valuable defense asset; if they leave the scene without giving info, the carrier may never find them.

  4. Preserve dashcam and ELD data
    • Tag the trip on the ELD (Motive, Samsara, Geotab) and notify the safety director to issue a litigation hold so the dashcam clip and 30 days of telematics aren't overwritten. Auto-purge windows are typically 7-30 days.

3

Authority and Carrier Notifications

  1. Wait for officer and request the report number
    • Get the responding officer's name, badge number, agency, and the case/report number. Most state crash reports take 5-10 business days to be available; safety director will pull it then.

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  2. Notify the auto liability carrier
    • Safety director calls the carrier's first-notice-of-loss line (Great West, Progressive Commercial, Sentry, Northland, etc.) within 24 hours. Late notice is the most common reason an insurer reserves rights or denies defense.

  3. Notify the cargo insurer if freight is damaged
    • Carmack Amendment claim window is 9 months from delivery date for the shipper to file. Open the cargo claim file now with photos of the load and a copy of the BOL so the adjuster has it before the claim arrives.

4

DOT Post-Accident Testing

  1. Determine post-accident testing requirement
    • Per 49 CFR 382.303: alcohol test required if (a) fatality, or (b) driver received a citation AND there was injury treated away or a vehicle towed. Drug test required if (a) fatality, or (b) driver cited AND injury or tow. Document the decision and reason either way — auditors review the rationale, not just the result.

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  2. Send driver for alcohol test within 8 hours
    • Alcohol test must be administered within 8 hours of the accident; if not feasible, document attempts and stop trying. Use the carrier's TPA collection site (USA Mobile Drug Testing, Quest, LabCorp). Keep a record of every attempt.

  3. Send driver for controlled-substances test within 32 hours
    • DOT 5-panel urine collection at the TPA's nearest site. After 32 hours, document attempts and discontinue. Result goes to the MRO and, if non-negative, into FMCSA Clearinghouse.

5

Internal Investigation and Follow-Up

  1. Driver completes the company incident report
    • Driver fills out the carrier's accident form (most carriers use the J.J. Keller or Foley template) with diagram, narrative, weather, traffic, and HOS status at the time. Submit before going off duty for the day; memory degrades fast.

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  2. Pull HOS logs and ELD edit history
    • Print the prior 7 days of RODS plus any unassigned driving and any edits made in the 14 days before the crash. Plaintiff counsel will pull these via subpoena; the safety director should know what is in them first.

  3. Add the incident to the FMCSA accident register
    • Part 390.15 requires carriers to maintain an accident register for 3 years (1 year on-site, 2 in storage) listing every DOT-recordable accident. New entrants and audits get this pulled first.

  4. Hold the safety review and assign corrective action
    • Safety director, operations manager, and driver review root cause: preventable vs. non-preventable per ATA standards, contributing factors, CSA BASIC impact. Document the determination and any retraining (defensive driving, Smith System, JJ Keller course) assigned with a due date.

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Sections 5
Steps 19
Category Transportation
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