accident not at fault, reportable?

Discussion in 'Questions From New Drivers' started by JGunner, Feb 1, 2020.

  1. JGunner

    JGunner Bobtail Member

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    Back in April I was deadheading on i25 in Wyoming. Going about 55- 60 through town, keeping it between the lines. Suddenly, car comes out of nowhere and dives right into my left steer, seems like they where trying to cut me off for the exit. No injuries, minimal damage to company truck, car towed from sene. I was not issued a citation or even drug tested.

    Question is should I report it to future employers or better off omitting?
     
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  3. Badmon

    Badmon Heavy Load Member

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    No ticket ? Never happened. Say nothing. I've been in 2 completely separate accidents with 4 wheelers while driving a big truck that I was "technically" at fault for but didnt get cited because of the circumstances surrounding the incidents. I've never mentioned either to any employer/potential employer and it has never been a problem or given me grief
     
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  4. flood

    flood Road Train Member

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    Report it. If you dont they will find out
     
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  5. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    No they won't. Without a ticket it will not show up on your MVR report.

    I backed into someone in an intersection I couldn't stop before entering. I got a ticket for it. Fought it in court and won, ticket and accident thrown out. My MVR is perfect and I got a ticket. A thrown out ticket is no ticket. And any accident associated with the ticket gets thrown out too.
     
    Last edited: Feb 1, 2020
  6. Odin's Rabid Dog

    Odin's Rabid Dog Heavy Load Member

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    No ticket didn't happen is really bad advice.

    I got hit by a drunk last winter, totaled my truck, I got no ticket, I didn't have to pee in a jar, got 1 point anyhow. It happened.
     
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  7. Moosetek13

    Moosetek13 Road Train Member

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    What did you get the 1 point for?
     
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  8. baha

    baha Road Train Member

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    But if it was a tow/away you would have had to wet a jar so if your co. did not do that you should be in clear because your co. will have no sign of it?
     
  9. roshea

    roshea Road Train Member

    There's some bad info here and maybe bad procedures on the part of whoever the motor carriers are. If a vehicle is towed from an accident it is DOT reportable, if someone gets taken from the scene for medical it is DOT reportable. It is always a good idea to get a DOT drug test to CYA for possible future legal actions. If a police report is taken and any insurance is involved, and it will be, you and/or the carrier could end up with a lot of problems without that drug test being done. Unless, perhaps, some people have reason to be afraid of taking that test?

    https://www.fmcsa.dot.gov/sites/fmc...Truck_and_Bus_Crashes_Reportable_to_FMCSA.pdf
     
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  10. x1Heavy

    x1Heavy Road Train Member

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    You and your company is at risk. If the other party decides to sue if they discover that nothing was done to prove drug free on drivers part there is a possibility that there will be trouble.

    As far as reporting to next employer might as well. Accidents, that meets a definition of a accident. If you failed to report to next employer and then they found out one way or another you are fired.

    Some accidents will bother a employer considering a driver for hire, that is where the explaining comes in. Other accidents you would think it's a big deal but employer is not interested. And thats that. Companies love to share with future employers who call wild and crazy little accident stories. For example my famous 1000 dollar curb incident in Sayre NY at the entrance to the future VA clinic there. That took 4 employers before they quit bothering me about that one. Next time they will have to either unload it from the middle of the highway or I take the whole thing back to shipper. And people wonder where and why I develop these attitudes over time.
     
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  11. Moose1958

    Moose1958 Road Train Member

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    You are using the wrong term. It is called a DOT recordable. The link you provided is correct, but it does not fully describe the process. The mandated "report" is to a carrier's accident register. This register is an FMCSA mandated file. This is clearly covered by §390.15 I just linked to. The full text below. Take special note of the words I made bold.

    §390.15 Assistance in investigations and special studies.
    (a) Each motor carrier and intermodal equipment provider must do the following:

    (1) Make all records and information pertaining to an accident available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or authorized third party representative within such time as the request or investigation may specify.

    (2) Give an authorized representative all reasonable assistance in the investigation of any accident, including providing a full, true, and correct response to any question of the inquiry.

    (b) Motor carriers must maintain an accident register for 3 years after the date of each accident. Information placed in the accident register must contain at least the following:

    (1) A list of accidents as defined at §390.5 of this chapter containing for each accident:

    (i) Date of accident.

    (ii) City or town, or most near, where the accident occurred and the State where the accident occurred.

    (iii) Driver Name.

    (iv) Number of injuries.

    (v) Number of fatalities.

    (vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released.

    (2) Copies of all accident reports required by State or other governmental entities or insurers.

    (Approved by the Office of Management and Budget under control number 2126-0009)

    [69 FR 16719, Mar. 30, 2004, as amended at 73 FR 76821, Dec. 17, 2008; 83 FR 22878, May 17, 2018]



    In the case of an accident, I also think it is bad advice to not report an accident not your fault because of the CLUE insurance database. If there were any claims this information is on that database. One final point. When applying follow the question being asked. If It only asks for at-fault accidents then only list them. If the question asks for all accidents you have been involved in answer that correctly. Most times they will ask for accidents inside a window of time.
     
    Last edited: Feb 2, 2020
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