Key Takeaways

  • Federal regulations require motor carriers to maintain an accident register for crashes involving a fatality, bodily injury requiring medical treatment beyond first aid, or a disabled vehicle requiring towing. Carriers must keep these records for three years.
  • State accident reporting thresholds vary — some states require a driver-filed report when property damage exceeds a specified dollar amount or when injuries occur, regardless of whether police respond.
  • Reporting to police, to your insurer, and to your company's internal system are three separate obligations. Completing one does not satisfy the others.

Related documentation steps

For a complete incident file, connect the scene notes to the photo record, witness details, and any dash cam preservation step that applies.

accident photo checklist · witness information checklist · dash cam preservation steps · what not to say at the scene

Federal accident register requirements

Under 49 CFR 390.15, motor carriers must maintain an accident register for crashes that meet the federal definition under 49 CFR 390.5: accidents resulting in a fatality, a bodily injury that requires the injured party to receive immediate medical treatment away from the scene, or one or more vehicles incurring disabling damage requiring tow-away.

The register must be kept for three years after the date of the accident and must be made available to authorized federal, state, or local officials during an investigation or upon request. The register records the accident date, city/state, driver, number of injuries, number of fatalities, and whether hazardous materials were released.

State crash reporting requirements

States have their own crash reporting requirements that may apply to commercial drivers or vehicles, separate from the federal accident register. Many states require the driver to file a report when police do not respond and when the crash involves injury or property damage above a specified dollar threshold — often ranging from $500 to $2,500 depending on the state.

Thresholds, forms, and deadlines vary by state. Some states require the carrier or owner to file; others require the driver. Verify current state requirements for every state where your fleet operates — the FMCSA safety planner and your state DMV or DOT are the primary sources.

Insurer notification requirements

Commercial truck insurance policies typically include a notice requirement — carriers must notify the insurer promptly after a covered event. Policy language varies, but most use terms like 'as soon as practicable' or specify a number of days. Late notification can complicate coverage, independent of the accident's underlying facts.

Contact the insurer through the reporting method specified in your policy — usually a claims phone number or portal. Have the incident location, driver name, unit number, police report number if available, and a brief factual summary of what happened ready when you call.

Internal reporting and documentation

Fleet internal reporting procedures define who the driver calls, what information to provide, and how the incident file is started. These procedures run parallel to — and often faster than — regulatory and insurance reporting.

An internal incident report should be completed the same day, while facts are current. It becomes the starting point for the claim file, the coaching review, the internal preventability analysis, and any legal hold that may later apply.

What happens when reporting is missed or late

Missing or late accident register entries can become a compliance finding during a carrier safety audit or compliance review. Missing or late insurer notification can create coverage questions. Missing or late state driver reports can result in license suspension or other consequences under state law.

If you discover that a report should have been filed and wasn't, address it with the appropriate contact — insurer, safety attorney, or state agency — rather than treating the gap as closed. Late compliance is generally better than no compliance, but the specifics depend on the state, the insurer, and the circumstances.

Step-by-step checklist

  • Check for injuries and call emergency services when needed.
  • Move only when it is safe and lawful to do so.
  • Collect driver, carrier, vehicle, witness, police, cargo, and insurance details.
  • Take wide, medium, and close photos before conditions change.
  • Preserve notes, photos, video, and documents under company policy.

Evidence Handling

Preserve original files whenever possible. Record where each file came from, who handled it, and when it was shared.

Do not delete, modify, trim, or overwrite evidence because it seems unhelpful. Follow company policy, insurer instructions, and any legal hold process.

Legal Boundary

This is general information only. It is not legal advice and does not tell you how to handle a claim, lawsuit, investigation, subpoena, legal hold, or evidence dispute.

Rules and duties can vary by jurisdiction, company policy, contract, and facts. Ask a qualified professional when a decision could affect a driver, claim, or case.

Source Notes