Alejandro Figueroa | March 1, 2022 | Truck Accidents

The U.S. Department of Transportation (DOT) enforces the Federal Motor Carrier Safety Act. This set of laws defines the safety standards for commercial vehicles, including trucks and buses.

If a motor carrier fails to comply with the DOT’s safety laws and regulations, the DOT can take administrative action against the carrier. These actions can include putting the carrier on probation or even pulling its licenses.

Here is some information about how the DOT defines a recordable accident and what the DOT can do with those records.

Obligations of a Motor Carrier After an Accident

Commercial motor vehicles include:

  • Trucks over 10,000 pounds
  • Buses that carry more than eight passengers for compensation
  • Buses that carry more than 15 passengers without charging compensation
  • Any vehicles that transport hazardous waste

Commercial motor vehicle operators must comply with the DOT’s accident reporting and recording regulations regardless of the load or destination. This means that carriers must report accidents that happen while carrying cargo or passengers as well as when their vehicles are empty.

Criteria for a DOT Accident

The elements used to determine whether a carrier must report and record an accident are:

  • Was a commercial motor vehicle involved?
  • Did the accident cause an injury or death or disable a vehicle?

If the accident meets both these elements, the carrier that operates the commercial motor vehicle must fulfill its duties under the DOT regulations.

Almost all truck accidents and bus accidents result in injury, death, or disabling vehicle damage, so operators must report most crashes.

Accident Recording Requirements

Motor carriers must keep a register of accidents. If the motor carrier gets audited by the DOT, the carrier must produce the register for review.

The register must include a record for each DOT-recordable accident. Each accident record must include:

  • Date
  • Location, including city and state
  • Driver’s name 
  • Number of injuries
  • Number of fatalities
  • Whether hazardous materials other than fuel were released

The carrier must keep these records for three years after the accident.

Accident Reporting Requirements

In addition to adding each accident to its accident register, the motor carrier must also report the accident to Florida authorities and the DOT. In Florida, the police investigate all accidents involving a commercial motor vehicle, regardless of the severity. This means that commercial drivers must report all accidents, no matter how minor, to the police.

Motor carriers do not need to report minor accidents to the DOT. A DOT-reportable accident only includes those that cause an injury, death, or damage that disables a vehicle.

Bear in mind that this definition includes injuries or deaths of pedestrians, bicyclists, and occupants of any private vehicle. Even if the truck driver escapes injury, the carrier must report the accident when anyone else gets injured. Similarly, a carrier must report an accident that disables a vehicle, even if the truck or bus remains driveable.

Consequences of Motor Carrier Accidents

The DOT collects accident reports from the states. It also audits motor carriers periodically and conducts safety investigations of carriers with problematic accident records.

It uses this information for a few purposes. The DOT calculates a safety rating. This rating tells a motor carrier where it ranks among other carriers for safety.

The DOT also uses reportable accidents to determine when to take action against motor carriers. Carriers with a pattern of accidents can face sanctions, including:

  • An order placing the carrier or its equipment out of service
  • Suspension of the carrier’s hazardous materials permits
  • Termination of the owner’s authority to operate commercial motor vehicles

If a carrier violates any DOT-imposed sanctions, the DOT can seek civil penalties, such as fines and impounding of equipment.

Use of DOT Safety Ratings

A DOT safety rating can help you prove that your truck accident resulted from negligence. A motor carrier with a history of accidents has a legal duty to take reasonable measures to address its problems. If it fails to do so, it may bear liability for any subsequent accidents. The accident history could be used as proof against the carrier in subsequent claims. 

If you’ve been injured in an accident with a commercial motor vehicle, consult with a personal injury attorney to determine your options. You may be entitled to compensation.

Contact Our Truck Accident Law Firm in Tampa, FL

If you’ve been injured in an accident in Tampa, FL, and need legal help, contact our Tampa truck accident lawyers at Catania & Catania Injury Lawyers to schedule a free consultation.

Catania & Catania Injury Lawyers
Bank of America Plaza
101 E Kennedy Blvd #2400
Tampa, FL 33602
(813) 222-8656

We also provide legal assistance throughout the Tampa Bay Area including Clearwater, St. Petersburg, Sarasota, and Bradenton.