Key points
- Texas law requires every driver in a crash to stop, give information and render reasonable aid. Leaving the scene of an injury crash is a serious crime (Transportation Code Chapter 550).
- Commercial drivers must also turn on hazard lights and put out warning devices within 10 minutes (49 CFR §392.22).
- Depending on the crash, the driver may need a post-accident alcohol test within 8 hours and a drug test within 32 hours (49 CFR §382.303).
At the scene
- Stop and secure the scene. Stop at the scene or as close to it as safely possible, and turn on the hazard warning flashers. Within 10 minutes, place the warning triangles: on a two-lane road, one 10 feet behind the truck, one about 100 feet behind and one about 100 feet ahead; on a divided highway, all three behind the truck (49 CFR §392.22).
- Check for injuries and call for help. Texas law requires drivers to render reasonable assistance to anyone injured, including arranging medical treatment (Transportation Code §550.023).
- Report the crash. If anyone is hurt or killed, or a vehicle can't be driven safely, notify police immediately by the quickest means available (§550.026). Call 911.
- Exchange information. Give your name, address, vehicle registration number and insurance information, and show your license if asked (§550.023).
- Hazardous materials. If placarded cargo is involved or leaking, follow your emergency response information and tell responders what you're carrying.
- Document. Take photos of all vehicles, the road, signs, skid marks and the load, and note witnesses. Don't move the truck unless you're told to or it's unsafe to leave it.
- Call your carrier. Your company needs to start its own accident procedures and decide whether testing is required.
Post-accident drug and alcohol testing
Testing is required after a crash involving a commercial motor vehicle on a public road when:
| Crash result | Test required? |
|---|---|
| Someone died | Yes, always |
| Someone was injured and treated away from the scene, and the CMV driver got a citation | Yes |
| A vehicle was towed away with disabling damage, and the CMV driver got a citation | Yes |
| Injury or tow-away, but no citation to the CMV driver | No (under the federal rule) |
Alcohol tests should be done within 2 hours and must be done within 8. Drug tests must be done within 32 hours. A driver who has to be tested must not use alcohol for 8 hours after the crash, or until tested. Details: DOT post-accident testing.
Paperwork afterwards
- Company accident report. Most carriers have their own accident kit and report form.
- Accident register. If the crash meets the federal definition of an "accident" (a death, an injury treated away from the scene, or a disabling tow-away), the carrier must record it in its accident register.
- Vehicle inspection. Before driving again, make sure the truck has been inspected and any damage affecting safe operation is repaired and recorded.
- Logs. Record the crash time and any duty-status changes accurately on your ELD. Logs are often requested by investigators.
What not to do
- Don't leave the scene before you've met your legal duties.
- Don't argue about fault or sign statements at the scene beyond what the officer requires.
- Don't edit or delete ELD records, dashcam footage or messages. Destroying evidence can lead to serious consequences in later litigation.
If you, the driver, were injured
Truck drivers are often hurt in crashes caused by others. Your options depend on how you're employed:
- Employee drivers may be covered by workers' compensation. Texas allows employers to opt out of workers' compensation ("non-subscribers"), and injured employees of non-subscribers may be able to sue their employer for negligence.
- Owner-operators may have occupational accident insurance through their own policy or a lease arrangement.
- Claims against another driver or company follow the same rules as any injury claim, including the two-year filing deadline.