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.

Truck Accident in Maryland?

Our Personal Injury Lawyer Discusses the Legal Process of a Truck Crash


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.

D. Bruce Poole
Connect with me
Maryland Personal Injury Attorney dedicated to truck and auto accident cases