By Greg Baumgartner | Baumgartner Law Firm
A DOT-recordable accident is a crash that must go in a trucking company’s safety records. It must involve a truck or other commercial vehicle covered by the rule. It must cause a death, an injury with immediate treatment away from the scene, or disabling damage that requires towing. The label does not decide fault or your right to seek money for an injury.
If a trucking company says your crash was not DOT recordable, ask why. My advice is to check the medical and towing records first. They may tell a fuller story than the company’s label.
The three DOT recordable accident criteria
The federal accident definition in 49 CFR 390.5 applies to covered commercial vehicles on highways. It covers both trips across state lines and trips within a state. Which rules apply depends on the vehicle and the work it was doing. FMCSA’s crash reporting criteria explain the three main tests.
|
Criterion |
What meets the threshold |
|
Death |
A crash injury causes a person to die at the scene or within 30 days. |
|
Injury |
A person receives immediate medical treatment away from the crash scene because of the injury. |
|
Disabling damage |
Crash damage requires at least one motor vehicle to be transported away by a tow truck or another vehicle. |
The crash needs to meet just one of these tests. Say a car has disabling crash damage and must be towed. The crash can qualify even if the truck drives away and no one needs medical care.
When towing and medical care meet the rule
Towing alone is not enough. Under the federal definition, disabling damage prevents a vehicle from leaving in its usual manner in daylight after simple repairs. Tire damage alone is excluded, even if there is no spare. Headlamp or taillight damage is also excluded. A tow for convenience does not establish disabling damage.
For the injury test, the person must get care away from the scene. FMCSA explains that immediate medical treatment means care without an unreasonable delay. This includes being taken straight to a hospital or other care site as soon as it is safe and feasible. First aid only at the scene does not meet that test on its own.
The rule leaves out events that involve only getting on or off a stopped vehicle. It also leaves out events that involve only loading or unloading cargo. These limits concern federal records. An injured person may still have a claim under other laws.
Recordable, reportable, and preventable are different questions
People often use DOT recordable and DOT reportable to mean the same thing. Ask which duty or record they mean. A company must keep its own crash log, called an accident register. Police reports and the crash data states send to FMCSA serve other purposes.
Section 390.15 does not require a company to send every recordable crash report straight to FMCSA as a routine filing. It requires records and help with official crash reviews. State reporting rules and other duties may also apply.
Whether a driver could have prevented the crash is a separate issue. FMCSA reviews certain crashes through its Crash Preventability Determination Program. If FMCSA finds the crash was not preventable, it leaves the Crash Indicator safety score calculation. It stays listed in the system. A crash count alone does not prove the company caused each wreck.
What trucking companies must keep for three years?
Under 49 CFR 390.15 accident register requirements, a motor carrier must keep an accident register for three years after each qualifying crash. Each entry must include:
- The crash date and the nearest city or town and state.
- The driver’s name.
- The number of injuries and deaths.
- Whether hazardous materials were released, apart from fuel spilled from the vehicles’ fuel tanks.
The company must also keep copies of crash reports required by insurers or government agencies. It must share crash records with anyone legally entitled to request them under this rule.
The three-year rule applies to the crash log. Other useful records may not last that long. Video and truck data may be lost sooner. Act early to protect that proof.
How I would evaluate the records in a Texas truck case
I would start with what happened to the people and vehicles. Then I would compare that evidence with the carrier’s account. Our truck collision investigation process focuses on records that explain the crash’s cause and its impact.
Compare the entry with the crash evidence
A towing invoice may show why a vehicle could not be released. Photos can show the damage. Medical records can establish when and where treatment occurred. The crash report, witnesses, and available video may help resolve differences between those records and the company’s version.
An omitted entry deserves follow-up, but it does not automatically prove fault or a cover-up. We need to determine whether the crash met the rule and why the records differ.
Connect safety failures to the claim
Texas law affects which safety records a jury can see. Section 72.053 came from H.B. 19 commercial vehicle trial legislation. It limits proof of safety rule violations in the first part of certain trials split into two parts. The broken rule must be specific and apply to the case. The evidence must also tend to show that breaking the rule was a proximate cause of the injury or death. In plain terms, the safety failure must have a legally sufficient link to the harm. Other evidence rules still apply.
That is why I would investigate how a safety failure relates to your crash. A list of prior accidents cannot replace that work. When someone has died, our guide to Texas wrongful death claims after a fatal crash explains the family’s potential legal options.
Frequently asked questions
Can a crash be recordable if the truck drives away
Yes. Disabling damage to the other vehicle can meet the towaway rule. A death or an injury that meets the care test can also qualify, even if no vehicle is towed.
Does DOT recordable mean the truck driver was at fault
No. The label means the crash meets the rule for safety records. Fault depends on the facts and the law that apply to the crash.
What if I discover an injury after leaving the scene
Later care alone does not meet the immediate-treatment test. FMCSA’s guidance on injuries discovered after leaving the scene explains this point. The crash may still qualify because of disabling damage or a death. Get needed care and keep notes about your symptoms. This rule does not decide your injury claim.
Does every recordable crash require drug and alcohol testing?
No. For drivers covered by Part 382, post-accident testing under 49 CFR 382.303 has its own rules. A fatal crash requires tests for covered drivers who survive and were doing safety-sensitive work, such as driving. For injury or towaway crashes with no death, that driver must also receive a moving-violation ticket arising from the crash within the rule’s time limits.
Can I check a trucking company’s safety history?
Yes. The free FMCSA SAFER Company Snapshot shows basic company details, inspection results, and crash data. Use the USDOT number if you have it. That helps avoid mix-ups between companies with similar names. The search is a useful place to start.
Can I have a claim if the crash is not DOT recordable
Yes. A crash can fall below the federal recording threshold and still cause an injury for which someone is legally responsible. Your claim depends on proof of fault, the harm caused, and other facts that apply to your case.
Speak with Greg Baumgartner about a serious truck crash
If you were seriously hurt in a Houston truck collision, bring the crash report, photos, towing paperwork, and any letters from the trucking company or insurer. We can discuss what those records show and what else needs to be preserved.
Learn about our representation after a serious Houston truck accident, or call Baumgartner Law Firm at (281) 587-1111 for a free consultation. There is no attorney fee unless we recover money for you.
