Commercial Vehicle Accident Procedure: What to Do After a Crash

Commercial Vehicle Accident Procedure Overview

A commercial vehicle accident procedure is a structured, step-by-step process designed to ensure safety, accurate documentation, proper reporting, and legal compliance after a crash involving a company-owned vehicle. Whether you’re a commercial driver, a civilian motorist involved in the incident, or a fleet operator managing logistics, understanding this procedure is essential. It protects your physical safety, preserves your legal rights, and lays the groundwork for resolving claims and determining liability.

This procedure must be followed closely after any accident involving a commercial truck, delivery van, bus, or fleet vehicle used for business purposes. Because these vehicles are typically larger and governed by corporate or regulatory standards, the consequences of an accident are often more serious than with regular passenger vehicles. Injuries tend to be more severe, multiple parties may be involved, and the legal complexities are often greater.

Whether you’re a driver employed by a transportation company or a civilian injured in a crash with a commercial vehicle, following the correct commercial vehicle accident procedure is critical. It ensures that you receive proper medical care, preserve vital evidence, and maintain your ability to pursue compensation or defend your interests. In this comprehensive guide, we’ll cover each phase of the process—from on-scene actions to reporting, investigation, liability, and long-term legal recovery.

Immediate Actions at the Scene of the Accident

The moments after a commercial vehicle accident are critical. This is when safety, evidence collection, and accurate reporting begin. The first part of the commercial vehicle accident procedure involves responding quickly and calmly at the crash scene.

Check for Injuries and Call Emergency Services

Your first priority should always be health and safety.

• Check yourself and others for injuries.
• Call 911 immediately to report the crash and request medical assistance.
• Even if injuries appear minor, emergency medical personnel should examine everyone involved. Internal injuries or concussions may not be immediately visible.

Failing to get medical care at the scene can harm your health and weaken future insurance or legal claims.

Secure the Scene to Prevent Further Hazards

Once emergency services are on the way:

• Turn on hazard lights.
• Place emergency cones or reflectors (if available), especially for trucks on highways.
• Avoid standing in traffic or near leaking fluids, as these may pose fire or chemical hazards.
• Keep yourself and passengers safe while awaiting authorities.

Securing the scene is part of the commercial vehicle accident procedure that helps prevent secondary accidents and supports the official investigation.

Notify Law Enforcement and File a Report

A police report is essential in commercial vehicle accidents:

• Officers will arrive to assess the scene and collect initial statements.
• Ensure the report includes accurate contact information, vehicle details, and any early observations of fault or unsafe conditions.
• Request the report number and officer’s badge ID for your records.

In many states, commercial drivers are also required to notify their employer within a certain timeframe or risk losing insurance coverage or violating federal regulations.

Exchange Information with Involved Parties

Even if law enforcement is documenting the crash, you should collect the following:

• Full name, phone number, and driver’s license of all involved drivers
• Insurance information (company, policy number, contact number)
• Vehicle details (make, model, license plate, VIN)
• Employer name if the vehicle is a commercial unit
• Names and contact info for any witnesses

If you’re a commercial driver, you should also give your company contact information and commercial license number.

Document Everything with Photos and Notes

Clear visual evidence can make or break an insurance or injury claim. Use your phone to capture:

• Wide shots of the accident scene from different angles
• Damage to all vehicles involved
• Road signs, skid marks, and nearby traffic signals
• Injuries (if appropriate)
• Any contributing conditions (e.g., weather, road debris, lack of signage)

In addition to photos, jot down your memory of what happened. Include:

• Time and location
• Direction of travel
• What were you doing before the impact
• Any notable behavior by the other driver(s)

This part of the commercial vehicle accident procedure ensures that memory and evidence are preserved before time passes or conditions change.

Reporting the Accident Internally and Externally

After ensuring safety and documenting the scene, the next step in the commercial vehicle accident procedure involves reporting the incident through proper channels. For commercial drivers, this means more than calling their personal insurance—it includes notifying their employer and, in some cases, regulatory bodies.

Company Reporting Protocols for Commercial Drivers

Commercial drivers are typically required to report accidents to their employer immediately or within a set number of hours.

• Notify your dispatch or safety supervisor as soon as possible.
• Complete any company-specific accident forms, which may include detailed accounts, sketches, and statements.
• Provide photographic evidence and the police report number if available.
• Save digital copies for your own records.

Failure to report internally could result in employment penalties or loss of coverage under the company’s insurance plan.

Required Filings With DOT or FMCSA

If the accident meets certain thresholds, the Department of Transportation (DOT) or Federal Motor Carrier Safety Administration (FMCSA) may require reporting:

• FMCSA reporting is triggered when the accident results in a fatality, injury requiring medical attention away from the scene, or disabling vehicle damage.
• Carriers must retain accident registers that include the date, location, driver, vehicles involved, injuries, and hazardous materials involvement.

Employers should consult 49 CFR § 390.15 to ensure compliance with federal accident recordkeeping standards.

Notify Your Insurance Company Promptly

All parties—whether commercial drivers or non-commercial drivers injured in the crash—must notify their insurance carriers as soon as possible:

• Provide the basic details of the crash: time, place, vehicle(s) involved.
• Submit documentation: police report, witness list, photos, and medical records if available.
• Avoid providing recorded statements until you’ve consulted a lawyer, especially if you’re a victim.

Insurance companies will open a claim, assign an adjuster, and begin their own investigation. Failing to report in time may result in delayed payments or claim denial.

State-Specific Reporting Requirements

Some states require that accident reports be filed directly with the DMV or state department if:

• Property damage exceeds a specific threshold (e.g., $1,000)
• Injuries or fatalities occurred
• A commercial vehicle was involved

Consult your local laws or let your lawyer handle these filings to ensure timely compliance.

Investigating a Commercial Vehicle Accident

One of the most critical phases of the commercial vehicle accident procedure is the investigation. Determining what happened—and who is at fault—requires a collaborative effort between the company, insurers, legal teams, and sometimes government regulators.

Internal Investigations by Employers or Fleet Managers

Commercial carriers will usually launch their own review to:

• Analyze driver statements and logs
• Check telematics data, GPS tracking, and black box (ELD) records
• Inspect vehicle damage and maintenance records
• Determine if policies, scheduling, or training played a role

Fleet managers may use this process to improve safety protocols and reduce future risk.

Insurance Company Evaluations

Insurance adjusters assigned to the case will:

• Visit the crash site (if possible)
• Interview all parties and witnesses
• Review submitted documentation and medical records
• Evaluate vehicle damages and assign repair/replacement costs

Commercial policies may have multiple layers (primary, umbrella, excess), which increases the complexity of claim reviews. Your legal team can help navigate this and ensure nothing is overlooked.

Role of Legal Professionals

An experienced attorney plays a vital role in protecting victims and commercial drivers during the investigation. They will:

• Issue preservation letters to protect the black box and maintenance records
• Hire accident reconstruction experts to examine crash dynamics
• Review employer policies, training logs, and internal communications
• Prepare your legal strategy if a lawsuit becomes necessary

Attorneys ensure that no one destroys or withholds evidence during the investigation.

Preserving ELD (Black Box) and Driver Log Data

The Electronic Logging Device (ELD) is one of the most important tools in commercial accident cases. It can show:

• How long the driver had been behind the wheel
• Speeds leading up to the crash
• Sudden braking or swerving
• Route and rest periods

Failing to preserve this data may hurt your case or reduce the value of your claim. This step in the commercial vehicle accident procedure should be done immediately after the crash, typically through a formal legal request.

Liability and Legal Considerations

Determining who is at fault is a critical part of the commercial vehicle accident procedure. Commercial vehicle crashes often involve multiple parties, which makes legal responsibility more complex than in standard passenger car collisions.

Common Causes of Commercial Vehicle Accidents

Before fault can be assigned, the cause must be identified. Common causes of commercial vehicle accidents include:

• Driver fatigue or violation of hours-of-service limits
• Distracted driving (texting, eating, or using a GPS)
• Improper loading of cargo or unsecured freight
• Speeding, aggressive driving, or failure to yield
• Mechanical failure due to poor maintenance
• Impaired driving (alcohol, drugs, or medication)

Understanding the root cause is essential for assigning liability.

Determining Fault and Shared Liability

Liability in commercial accidents can be full or partial. Some scenarios include:

• Sole fault: The commercial driver was negligent or broke traffic laws.
• Shared fault: Both parties contributed to the crash. States with comparative negligence laws adjust compensation based on each party’s percentage of fault.
• Third-party fault: A maintenance contractor, vehicle manufacturer, or another road user may be partially responsible.

An attorney’s investigation plays a vital role in determining and proving fault, especially when commercial insurance companies dispute claims.

Employer Liability and Respondeat Superior

Under the legal doctrine of respondeat superior, employers may be held liable for accidents caused by their employees while performing job duties. For example:

• If a truck driver causes an accident while delivering freight, their employer may be responsible.
• If the company failed to train the driver properly or scheduled unrealistic delivery windows, this increases their liability.
• If the driver was “off duty” or using the vehicle for personal reasons, the employer might not be held liable.

This part of the commercial vehicle accident procedure requires legal review to determine if corporate responsibility applies.

Filing Personal Injury or Property Damage Claims

Whether you’re a commercial driver, another motorist, or a pedestrian, you may be entitled to file a claim for:

• Medical expenses (current and future)
• Lost income or diminished earning capacity
• Pain and suffering
• Property damage (vehicle repairs or replacement)
• Emotional distress or trauma

Proper documentation is key to proving the full extent of these damages. A personal injury attorney can assist in calculating losses and negotiating a fair settlement.

What If You’re a Third-Party Victim?

If you’re not the driver of the commercial vehicle but were injured in the accident:

• You can file a claim against the driver and their employer.
• You may also sue other responsible entities, such as cargo handlers or vehicle maintenance contractors.
• You should not be responsible for sorting out fault—that’s the job of your attorney, who will conduct an independent investigation.

As part of the commercial vehicle accident procedure, legal professionals will protect your interests and seek the maximum compensation available under the law.

Insurance and Compensation Procedures

Once liability is determined, the next phase of the commercial vehicle accident procedure involves working through insurance processes to obtain compensation.

Understanding Commercial Auto Insurance Policies

Commercial vehicle insurance policies often include:

• Liability coverage: Covers injuries or damages caused to others.
• Cargo coverage: For damaged or lost freight.
• Uninsured/Underinsured motorist coverage: If the other driver has insufficient insurance.
• Umbrella policies: Provide additional coverage beyond primary limits.

These policies often have higher limits than standard auto insurance, but are also more aggressively defended by the insurer.

What to Include in a Strong Insurance Claim

To support your claim, gather and submit:

• Police and crash reports
• Photos from the scene
• Vehicle repair estimates
• Medical records and diagnosis
• Proof of lost wages or employment impact
• Witness statements or expert evaluations

Submitting a detailed and organized claim improves your chances of a fair offer.

Typical Damages in Commercial Vehicle Accident Claims

Compensation may include:

• Economic damages: Medical bills, therapy, property repair, and lost income
• Non-economic damages: Pain and suffering, emotional trauma, loss of enjoyment of life
• Punitive damages: Rare but possible in cases of gross negligence or willful misconduct

Calculating these damages accurately often requires legal and financial expertise.

Dealing with Insurance Adjusters

Insurance adjusters work to minimize payouts. Expect them to:

• Offer low initial settlements
• Question the extent of your injuries
• Dispute liability
• Delay the process

A lawyer helps balance the power and ensures that your claim is handled fairly as part of the commercial vehicle accident procedure.

When Legal Representation Is Necessary

Hiring a personal injury attorney is crucial when:

• There are severe injuries or fatalities
• Liability is unclear or disputed
• Multiple parties or insurers are involved
• You receive a low or denied offer
• You need help with documentation or negotiation

Lawyers ensure that every step of the commercial vehicle accident procedure is followed, and your rights are protected.

Employer Responsibilities After a Commercial Vehicle Accident

Employers who own or operate commercial vehicles are legally and ethically responsible for taking swift, appropriate action following a crash. As part of the commercial vehicle accident procedure, their response can significantly impact both legal liability and future safety outcomes.

Medical Evaluation and Substance Testing

After an accident:

• Employers must ensure the driver receives a post-accident medical evaluation, even if injuries aren’t immediately apparent.
• DOT regulations require alcohol and drug testing within specific timeframes (typically 8 hours for alcohol, 32 hours for drugs) for CDL drivers if the crash involves a fatality or citations for serious violations.

Failing to conduct these evaluations and tests can result in fines or non-compliance with FMCSA regulations.

Vehicle Inspection and Repair

Post-accident inspections are essential to:

• Evaluate the extent of vehicle damage
• Identify any mechanical failures that may have contributed to the crash
• Determine if the vehicle is roadworthy

Damaged vehicles should be removed from service until properly repaired and cleared by a certified mechanic.

Documentation and Reporting Protocols

Employers should:

• Complete a full internal incident report
• Update the company’s accident register, as required by FMCSA
• Submit insurance paperwork promptly
• Retain driver logs, dashcam footage, ELD data, and communication records for legal review

Accurate documentation is a cornerstone of the commercial vehicle accident procedure and serves to protect the employer during litigation or audits.

Review Safety Policies and Training

In the weeks following the incident, companies should:

• Conduct internal audits to assess whether policies or training contributed to the crash
• Offer retraining or corrective action for the driver, if appropriate
• Make systemic improvements, such as revised delivery scheduling or equipment upgrades

These proactive steps help reduce repeat incidents and improve overall fleet safety.

How the Commercial Vehicle Accident Procedure Supports Long-Term Recovery

The long-term success of any insurance claim or legal case following a crash often depends on how thoroughly the commercial vehicle accident procedure is followed. Every phase—from the immediate on-scene response to the investigation, documentation, and reporting—plays a critical role in establishing a solid foundation for recovery, both financially and operationally.

When each step is properly executed, individuals and companies are far more likely to:

• Recover fair compensation for medical bills, property damage, lost income, and emotional distress
• Resolve liability disputes quickly and with less contention
• Defend against false or exaggerated claims from third parties or insurers
• Maintain regulatory compliance with FMCSA, DOT, OSHA, or state-specific requirements
• Improve internal safety protocols to prevent repeat incidents and reduce future exposure

For injury victims, this process helps ensure their story is accurately documented, their evidence preserved, and their injuries acknowledged with full legal consideration. For businesses, adhering to the procedure helps limit exposure to lawsuits, minimizes insurance premium hikes, and enhances the company’s reputation for safety and responsibility.

Ultimately, whether you’re a driver, passenger, business owner, or claims adjuster, following a well-defined commercial vehicle accident procedure strengthens every part of the post-accident journey. It not only speeds up recovery, it also supports better outcomes, accountability, and peace of mind in the months and years that follow.

Get Help Navigating the Commercial Vehicle Accident Procedure Today

If you’ve been involved in a crash involving a company-owned truck, van, bus, or delivery vehicle, don’t navigate the legal and insurance process alone. The commercial vehicle accident procedure is filled with critical steps, and missing just one can delay your compensation or weaken your case.

TruckingAccident.com connects victims and commercial drivers with experienced attorneys who understand the unique complexities of these cases. Whether you’re seeking compensation or defending your rights, professional guidance can help you take the right steps.

Start your free claim review today and ensure your accident is handled correctly from the start.

Frequently Asked Questions About Commercial Vehicle Accident Procedure