Accident on a new Cdl

Discussion in 'Questions From New Drivers' started by Spiritguide, Jul 22, 2021.

  1. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    I don't think it was a recordable accident. I don't think it was an accident at all, but an incident. For an accident to be DOT recordable, comditions have to be met. Although the OP did need to get a wrecker, he did not have to be towed from the scene.
    The definition of a DOT-recordable accident and the rules for recording them are encoded in §390.15 of the Federal Motor Carrier Safety Regulations (FMCSR). If an accident involving a CMV results in any of the following, it must be recorded on an accident register:
    1. Fatality;
    2. Bodily injury in which that person receives immediate medical attention away from the scene of the accident; or
    3. At least one of the vehicles involved in the accident had to be towed from the scene
    For the OP, There will be plenty of companies that will give you a shot. Might not be top line but get on with one, keep your record clear, and in a year you will be able to go anywhere.
     
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  3. Moose1958

    Moose1958 Road Train Member

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    Yes, I know what the letter of the regulation states. I still stand by my FULL comment not just that part about the Recordable. I was trying to make a general point. This is why I stated what I did about (grey area). Some carriers will list any situation where a tow is required onto their accident register. For the record, you are 100% correct as to the letter of the regulation. However just as some carriers are harder on 391.23 some are also harder on what constitutes a recordable for internal recordkeeping. That situation I referred to in that post that driver was nailed with a recordable/preventable simply because he busted an airline that disabled him. I spoke to that carrier's safety dept. They confirmed the accident register entry!
     
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  4. Moose1958

    Moose1958 Road Train Member

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    One more point. I am not an attorney, but I think FMCSA required carrier documents like accident registers are subject to FOIA requests. You might have to pay for them. Over the past few years, I have seen some really crazy stuff added to these registers. People are always talking smack about Hireright/DAC but seem to forget these carriers also keep records, some of them are mandated for a time even after a driver leaves.
     
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  5. Bean Jr.

    Bean Jr. Road Train Member

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    I'm going to have to agree with @ZVar and @kemosabi49 , for it to have been reported, there would have to be an inspection. For the carrier to self-report it and get, whoops! I researched it, and the JJ Keller website says "Data includes law enforcement crash reports and crashes reported by the carrier". So I take back agreeing with them. You're right, the carrier could have reported this as an accident. Now, did they? That's a different question.
     
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  6. Bean Jr.

    Bean Jr. Road Train Member

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    Screenshot_20210722-082218_Chrome.jpg
     
  7. Moose1958

    Moose1958 Road Train Member

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    For the record, I agree 100% with both of them. They also grounded the topic back to the letter of the regulation. However, not all carriers go by the letter of these regulations and this is the genesis of a lot of debate in these forums.
     
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  8. Moose1958

    Moose1958 Road Train Member

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    I'm going to add one final point and go enjoy my once-a-day cup of coffee.

    When we get to discussing SMS, CSA, PSP, Accidents, Incidents, inspections, accident registers, and for that matter most of everything in title 49CFR 300 series regulations you can fall into legal quicksand very quickly. The reason being no 2 states or carriers do things exactly the same. I have seen this with my own eyes. This is why there are so dang many DOT compliance contractors out there.
     
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  9. Spiritguide

    Spiritguide Bobtail Member

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    I appreciate all the replys thank you and I'm gonna hit more applications.
    Thank you all you've give me the info and boost I needed on this
     
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  10. Moose1958

    Moose1958 Road Train Member

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    I can only speak for myself hand. I want you to have a LONG and prosperous career.
     
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  11. Chinatown

    Chinatown Road Train Member

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    Where is your location?
    Some companies specifically state something like "No more than one accident within 2 years" or something like that.
    Need your location though and you'll get plenty of job leads on this forum.
     
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