How Do The Federal Motor Carrier Safety Regulations Define An Accident And What Is An Accident Register?
The regulations define an accident as an occurrence involving a commercial motor vehicle on a highway in interstate or intrastate commerce which results in: (1) A fatality; or (2) Injury to a person requiring immediate treatment away from the scene of the accident, or (3) Disabling damage to any vehicle requiring it to be towed from the scene. Furthermore, the term “accident” does NOT include an occurrence which involves only: boarding or existing from a stationary vehicle; the loading or unloading of a vehicle’s cargo; or the operation of a non-CMV passenger car by a motor carrier, as long as passengers are not being transported for-hire. To further clarify the definition, the regulations define highway, fatality, and disabling damage. The regulations define highway as any road, street, or way (whether on public or private property) open to public travel– open public travel means the road of way is available and passable by four-wheel standard passenger cars, and is open to the general public. Additionally, fatality is defined as any injury that results in the death of a person at the time of the accident or within 30 days of the accident. Lastly, disabling damage is defined as vehicle damage that prevents a vehicle from leaving the scene of the accident in its usual manner, in daylight, after simple repairs.
After a driver has been in an accident, the employer motor carrier must maintain an accident register for three years after the date of each accident. The information included in the accident register must include the date of accident, city or town where accident occurred and the state where the accident occurred, driver’s name, number of injuries, number of fatalities, and whether hazardous materials, other than fuel spilled form the fuel tanks. It is important to note that employer motor carriers are NOT required to report CMV accidents to the FMCSA.
If you have a question about an accident or injury involving a semi-truck and how these regulations may be important as applied to the accident call Roth Davies, LLC Trial Lawyers for a free consultation.
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