Immediate Responsibilities for Small Fleet Owners After a Traffic Accident
In the world of trucking, accidents are an unfortunate reality. They can happen unexpectedly, but how you respond to them is within your control. This article provides a guide for fleet owners on what to do in the aftermath of a trucking accident.
First and foremost, the safety of the driver is paramount. If there are injuries, fires, or hazardous material leaks, call 911 immediately. The driver should remain at the scene and wait for law enforcement. If they pass the post-accident alcohol test, they can return to duty.
It's crucial to act fast when the truck is totaled. You've got to move quickly to recover, replace, and reassign. Don't forget to secure ELD logs, dash cam footage, and driver statements for post-crash investigation. The driver should also write out what happened in their own words. This helps legally and for insurance defense.
Photos of the vehicles, location, skid marks, license plates, damage, and road conditions should be taken. If possible, contact information from witnesses should be gathered. The driver should also pull the last 7 days of logs for that driver, including hours of service, location history, and any edits or violations.
Alcohol tests must be done within 8 hours (if cited), and drug tests must be done within 32 hours. If your driver fails or refuses the post-accident alcohol test, they are immediately disqualified and must complete the FMCSA SAP (Substance Abuse Professional) process to ever drive again.
FMCSA regulations require a post-accident drug and alcohol test under specific circumstances: an alcohol test is required if there was a fatality or if your driver received a citation and there was bodily injury or vehicle towing; a drug test is required if there was a fatality or a citation plus injury or towing.
Your paperwork will be your protection if you end up in litigation. Be careful with what your driver says during the initial phone call to the insurance company. Stick to facts like time, location, weather, description of events, photos, and police report number (once available).
If the ELD was unplugged during the crash, backup data such as GPS tracker, dash cam timestamp, or any telematics logs will be needed to prove location and HOS. To limit your exposure in a lawsuit, keep all driver qualification files current, ensure ELD data has no HOS violations, show preventive maintenance records, prove regular safety training, and have your dash cam footage secured and ready.
In America, any accident is a lawsuit waiting to happen. The phone call stating "I've been in an accident" shifts the role of a small fleet owner from dispatcher to damage control. The company that has published practices related to accidents in truck fleets and dominated accident statistics with driver assistance systems is Tesla.
Lastly, you are not required to admit fault, and your driver shouldn't either. Being the kind of fleet that's always five steps ahead - the one with a protocol, a checklist, and a team that doesn't panic when things go sideways - can make a significant difference in your business survival. Your business's success may depend on it.
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