Do I Have To Report This Incident?

Hi all,

I recently had an incident where I collided with a pole in front of a store that had previously gone out of business, so there was nobody there to make a report to. There was a construction crew nearby at this mall (it was on private property), and the superintendent didn't know who the present owner of the store was, or even if there was a present owner.

I did report this to my boss. I was going to give notice to resign at this time. My boss told me, that, rather than make an insurance report, and make me take a post-accident drug screen test, he would instead accept my resignation with immediate effect. (There was a dent on a front fender).

The one question I have is about reporting requirements to DMV and/or DOT and/or prospective employers. I had a previous accident at a truck stop (also private property) a couple of years ago. That was reported to the employer (Swift), I exchanged info with the other driver (his rig was parked at the time), but I heard that this was not DOT reportable (because it was on private property), and I never heard anything further.

Of course, I would like to let sleeping dogs lie - if possible. But, please give me your thoughts. Thanks very much.

Daniel, if you reported it to your employer you have met your obligation. You had no way of contacting the property owner - it seems to me you've done what you are supposed to do.

Now, on your next job... be extra careful, and "Don't Hit Anything!"

Being on private property, has nothing to do with whether or not the accident is considered "DOT Reportable".

----- The Department of Transportation has certain requirements that must be followed when it comes to accidents and the records that must be kept for accidents. According to part 390.15(b) of the FMCSR, motor carriers must maintain for a period of three years after an accident occurs, an accident register and copies of all accident reports required by State or other governmental entities.

The DOT defines an accident as an occurrence involving a commercial motor vehicle which results in: a) A fatality b) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident, OR c) One or more of the vehicles incurs disabling damage, requiring it to be towed from the scene

An occurrence that falls into this category is commonly called a DOT RECORDABLE accident, and must be recorded on an accident register and the files mentioned above must be retained.

-----

You most certainly would want to report ANY INCIDENT to your DM/Safety Department, regardless of how little you might think the damage is - ESPECIALLY if it involves another vehicle or property (as in, don't give $100 to the driver of that car you nicked the fender on to just "forget about it").

Did you knock the pole over?

I wouldn't necessarily have resigned either (unless you were planning on it anyway). And certainly, it's up to company policy (absent meeting the threshold for DOT reportable - which this incident did not) whether or not the employer opts to file a claim (or cover the repair themselves), and most employers will go for a drug test after any incident (whether reportable or not).

So if you were planning on staying with this employer - I wouldn't have necessarily resigned, simply to avoid a drug test or insurance claim. Unless of course, you already had another gig lined up and you were going to resign anyway.

There's a question as to whether or not this employer is going to put it on your DAC , and whether the resignation is going to show up as a "termination" - or a "quit". Either way, this is likely to show up as an "adverse incident" - on DAC and/or when any future employer calls for a reference.

Best of luck in the future.

Rick

Rick, that's all great info, but don't you agree that Daniel did what he should do? It seems to me that his employer is the one who is trying to avoid dealing with the authorities on this issue.

I'm not familiar enough with all the legalities of this situation to be an expert, but it seems to me that his employer is not going to be reporting to DAC because he seems just as willing as Daniel to let this sleeping dog lie. He doesn't seem to want to be bothered with it.

I Only know, in California, the police wont even come out to take a report on private property, last I knew......My mom got t-boned in a McDonalds, car backed right into her, years ago........So mom called the police to come out for an accident report, and they said, ""sorry, you're on private property, you have to work it out amongst yourselves"

Thanks very much, everyone, for jumping in here.

Yes, this was in California - sorry, I should have mentioned that.

I did talk to my former supervisor. He reported it to his corporate office. He doubted they would report it to their insurance, as it would raise their rates. (The truck's fender looked like someone had taken a bite out of it - otherwise it looked normal).

The pole itself was dented, but not knocked over. (It was one of those poles like the ones outside Best Buy, that are designed to stop someone from crashing their car into the place in order to rob it).

As for the job itself...I was driving a long straight truck. They promised me that they would have me towing something, but that was B.S....I really need the Class A experience. I hated the job, and wanted to quit anyway. I did offer two week's notice, but the boss decided to accept my notice immediately so as not to have to do the drug screen and other paperwork.

My only worry is that if the property owner (assuming there is a property owner) comes forward months later, and I don't report this to the DMV within the required 10 day period, they could nail my butt.

Thanks again, everyone.

-- Daniel

Rick, that's all great info, but don't you agree that Daniel did what he should do? It seems to me that his employer is the one who is trying to avoid dealing with the authorities on this issue.

I'm not familiar enough with all the legalities of this situation to be an expert, but it seems to me that his employer is not going to be reporting to DAC because he seems just as willing as Daniel to let this sleeping dog lie. He doesn't seem to want to be bothered with it.

He didn't really indicate that the employer was going to take his resignation in exchange for "whitewashing" the incident.

Depending on fleet size, they might have a fender they can swap in, or an in-house body shop to do the repair. Plenty of spare parts in large fleets. So the insurance company might not ever hear about it.

Can't really tell from the tone of the post - if he had the option to keep his job, or whether there were other issues at hand.

Seems like a minor property damage incident (absent numerous other recent ones), wouldn't be cause for termination. Nor did the OP say that he was "going to quit anyway" (or did he: "I was going to resign at this time").

I (personally) wouldn't roll the dice, hoping the employer "let sleeping dogs lie", and didn't put it on my DAC or employee record (and it would no doubt be on his employee record). I'd rather take a minor non-dot on my record, and go drop (unless there was a reason I didn't want to drop), and keep working (unless I was leaving anyways, and had something already lined up).

Not really enough info in his post to really determine one way or another. What his relationship was with this employer, etc.

It is NOT however - a "DOT Reportable Incident". Whether or not it follows him into the future, remains to be seen.

Rick