The federal regulation known as 49 CFR § 390.15 addresses the assistance required from motor carriers during investigations. If you have been injured in a trucking accident, it is essential to know your rights.
The world of trucking is governed by regulations that ensure your safety—and trucking companies’ accountability. One such regulation is the Federal Motor Carrier Safety Administration’s (FMCSA) 49 CFR § 390.15, which addresses the assistance required from motor carriers during investigations.
This regulation applies in the aftermath of any trucking accident; it mandates that, regardless of fault, the motor carrier must cooperate with a comprehensive investigation. This allows investigators to determine liability and to identify mechanical or training issues that may cause future incidents.
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Understanding 49 CFR § 390.15 (And Why It Matters)
Federal truck regulations—as per Federal Motor Carrier Safety Administration guidelines—require commercial vehicle owners to comply with truck crash investigations. Notably, 49 CFR § 390.15 is a federal regulation that mandates motor carriers to assist in investigations and special studies related to motor carrier safety and accidents.
Following this regulation is crucial for the Federal Motor Carrier Safety Administration (FMCSA) to gather accurate data and insights into the causes of trucking accidents and develop strategies for improving road safety for everyone.
Read More: Frequently Asked Questions About Maryland Truck Accidents
How Trucking Companies Comply With 49 CFR § 390.15
The federal statute 49 CFR § 390.15 outlines three main tenets for motor carriers to follow in the aftermath of a truck accident:
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Motor carriers must maintain an accurate record of all accidents. This record must include specific details such as the date of the accident, the city or town where it occurred, the driver’s name, the number of hours the driver worked consecutively before the crash, and the number of injuries or fatalities resulting from the crash. Motor carriers must retain these records for at least three (3) years after the date of the accident.
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Motor carriers must provide assistance during an investigation. This assistance can include making records available, providing access to facilities, and cooperating with requests for information. Both the FMCSA and any authorized investigator may request assistance from the motor carrier at any time during the investigation. Investigators must be given all necessary data to conduct a thorough analysis.
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Motor carriers may be required to submit an accident report to the FMCSA. These reports are used to compile data on trucking accidents and to identify trends, ongoing issues, or common factors that contribute to accidents (e.g., defective parts).
Complying with 49 CFR § 390.15 means staying on top of safety precautions before the accident. This means maintaining accurate and detailed maintenance records, properly training staff and safety managers, and performing regular internal audits of the company’s safety practices. Ongoing driver training, regular check-ins, and adherence to hours-of-service standards should all be standard practice for law-abiding trucking companies.
Focus On: Accident Recordkeeping
According to the FMCSA’s Motor Carrier Safety Planner:
“Motor carriers are required to maintain a register of all crashes (as defined in 49 CFR 390.5T) that occurred in the past 3 years. The register must contain, at minimum, the date of the crash, the city or town and state most near where the crash occurred, the driver’s name, the number of injuries or fatalities, and whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicles involved in the crash, were released.
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How 49 CFR § 390.15 Keeps Motorists Safe
Compliance with 49 CFR § 390.15 is not just a legal requirement for all motor carriers; it’s a critical component of a motor carrier’s safety management protocol. Maintaining accident records can help spark internal investigations into training practices and maintenance issues before they become a larger problem.
A motor carrier’s cooperation with FMCSA investigations has several benefits:
The first and most obvious benefit is improved safety for anyone sharing the road with trucks. By understanding the causes of accidents, motor carriers can implement better safety practices and training programs to prevent similar incidents from happening in the future. Internal investigations often follow from following this critical FMCSA statute; it is in everyone’s best interest, including the trucking company, to reduce the likelihood of truck accidents in the future.
A second benefit to 49 CFR § 390.15 is determining liability—and establishing an evidentiary floor during the pursuit of personal injury claims. When truck accident attorneys pursue financial compensation for their clients, they rely on 49 CFR § 390.15 to require trucking companies to cooperate with the investigation. By law, trucking companies are not allowed to withhold information—from investigators or their insurance company—that could prove their liability in a personal injury case.
Finally, 49 CFR § 390.15 sets a precedent intended to discourage illegal acts within the trucking industry. Requiring a motor carrier to provide comprehensive records and cooperate with investigators can help establish a motor carrier’s commitment to safety. This may reduce the likelihood of accidents in the future and obviate the need for future investigations.
