Accident reporting under FMCSA regulations (49 CFR Part 390) requires motor carriers to maintain an accident register for every qualifying accident and to preserve evidence systematically. Getting this right matters both for compliance and for liability management — the steps taken in the first hours after an accident can significantly affect insurance and legal outcomes.
What Qualifies as a Reportable Accident
The FMCSA defines a reportable accident as an occurrence involving a CMV that results in: a fatality; bodily injury to a person who receives immediate medical treatment away from the scene; or one or more motor vehicles incurring disabling damage requiring tow-away from the scene. The FMCSA accident register must capture all qualifying accidents — not just those where the CMV driver was at fault.
The Accident Register
Carriers must maintain an accident register for each qualifying accident for 3 years. The register must include: date and location of accident; driver name, license number, and license state; number of injuries; number of fatalities; whether hazmat was involved; and a description of the accident. Carriers can use the FMCSA's suggested form or their own format as long as all required elements are captured. BridgeWorks One™ provides an accident register template in the Documents vault.
Post-Accident Drug and Alcohol Testing
Post-accident drug testing must occur as soon as practicable after a qualifying accident — within 32 hours for drug testing and 8 hours for alcohol testing. If the CDL driver received a citation AND the accident involved a fatality, the driver must be tested regardless. For non-fatal accidents with injuries or tow-aways, testing is required if the driver received a citation. If the carrier cannot confirm whether a citation was issued, the safest approach is to test. A driver who refuses post-accident testing is treated as a positive.
Evidence Preservation and Documentation
Beyond the FMCSA register, good practice requires capturing: ELD data from the day of and prior 24 hours, DVIR records, driver cell phone records (to rule out distracted driving), dashcam footage if available, witness statements, police report numbers, and photos. Preserving this evidence protects carriers in litigation and demonstrates a safety-focused culture to auditors. Many insurance policies require prompt notification — check your carrier's requirements.
Key Takeaways
- Accident register required for fatalities, injuries requiring off-scene treatment, or tow-aways
- Retain register entries for 3 years
- Post-accident drug test: within 32 hours; alcohol: within 8 hours
- Refusal to test = treated as a positive result
- Preserve ELD data, DVIRs, and dashcam footage immediately after an accident