should this be a reportable accident against me

That may well be a company policy. My last outfit, I got drug tested for some injuries that were not crash related!

 

Possibly because it was handled by Metro PD instead of a State Trooper is why you weren't tested? As far as the PSP it doesn't matter, just like anything else with PSP, driver gets points! That's the biggest gripe with it to me. Sucks but that's the new age of trucking it seems....

 

Don't know. If your involved in an accident that has injuries or a vehicle is towed it is a reportable accident. Followed by a drug test at most places of employment. Now thats the cases even before who is at fault. Reportable accident because it is an accident as defined by the FMCSA. Certain things follow even if your not at fault. Now if your not at fault it shouldn't show up on your MVR. Nothing to stop the company you're working for to record it on your record or to pass along that information to reportable agency they have the legal right to do and say, yes you were involved in a reportable accident. Up to you to explain it afterwards.
[h=3]§ 390.5: Definitions.[/h]Unless specifically defined elsewhere, in this subchapter:
Accident means—
(1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:
(i) A fatality;
(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.
(2) The term accident does not include:
(i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or
(ii) An occurrence involving only the loading or unloading of cargo.

As always seek professional legal counsel if you think you have a case.

 

Because it was an accident and DOT reportable, it's on there, irregardless. It sucks, but that's how it is. It wil not be held against you because it wasn't your fault, it will be an "unpreventable accident".

 

isnt there an automatic drug test for the truck driver if vehilce was towed and there were injuries?

 

Somebody has to order that drug test. Either law, or the company.

 

Trying to figure this out.....The PSP shows it was reportable or preventable?
I would pull my MVR and see what it says.

If the PSP shows preventable you can get that changed with the Data-Q system.
You just need to prove you did not cause the accident or get a ticket.

I have disputed 2 different things on my PSP through the FMCSA Data Q systemand they removed them.

The drug test thing is a non-issue....don't worry about that.

 

We dont know it was not your fault, dont know that it was either. But it is certainly reportable. Just because you did not receive a citation does not indicate error.
Lets see , gee walley you qualify under towed away, and injuries.... 2 out of the 3 .

 

Be lucky you have not been fined for not having a drug test. Somebody dropped the ball on this one. The company could be in hot water for missing that one. After an accident, the vehicle may need to be reinspected to prove it is still safe to use.

 

http://www.fmcsa.dot.gov/regulation...ests-are-required-and-when-does-testing-occur


He wasn't required to have a drug test.(with what he stated) Company policy can be anything above the requirements. And again a PSP or the company CSA does not indicate fault, preventable or non preventable, only that the vehicle/driver was involved in an accident.