Accident Reporting & Post-Accident Testing Rules – driver responsibilities after collisions

Oct. 20, 2025, 6:23 a.m.
Accident Reporting & Post-Accident Testing Rules (Washington State)
Accident Reporting & Post-Accident Testing Rules – driver responsibilities after collisions

1. Definition of a “Reportable Accident”

Under Federal Motor Carrier Safety Regulations (FMCSR §390.5) and Washington State law (RCW 46.52), a “reportable accident” involves any of the following:

  • A fatality (any person dies as a result of the crash),

  • A person is injured and requires immediate medical attention away from the scene, or

  • A vehicle is towed due to disabling damage.

If any of these occur, the driver has specific reporting and testing responsibilities.

2. Immediate Driver Responsibilities After a Collision

When involved in a crash, truck drivers in Washington must:

  1. Stop immediately and remain at the scene.
    Leaving the scene can result in criminal penalties.

  2. Secure the area and ensure safety.
    Use hazard lights, warning triangles, and reflective devices.

  3. Call emergency services (911) if there are any injuries, fatalities, or serious property damage.

  4. Notify your employer as soon as possible.
    Employers are responsible for determining if post-accident testing is required and for filing the federal crash report (if applicable).

  5. Exchange information with all involved parties:

    • Name, address, driver’s license number, registration, insurance, and USDOT number.

  6. Cooperate with law enforcement on-scene investigations.

3. Post-Accident Drug and Alcohol Testing (FMCSR §382.303)

Federal law (FMCSA) requires commercial drivers to undergo drug and alcohol testing after certain types of crashes.

Testing must occur when:

Accident Type Fatality? Citation to Driver? Testing Required?
Fatal crash Yes Regardless Yes (drug & alcohol)
Injury requiring medical attention No fatality If driver is cited Yes (drug & alcohol)
Vehicle towed due to disabling damage No fatality If driver is cited Yes (drug & alcohol)

Testing time limits:

  • Alcohol test: within 2 hours (no later than 8 hours after the accident).

  • Drug test: within 32 hours of the accident.

If testing cannot be completed, the employer must document the reason for the delay.

4. Washington State-Specific Requirements

In addition to federal mandates:

  • Drivers must file a Motor Vehicle Collision Report (MVC Report) within 4 days if law enforcement did not take one at the scene.
     This can be filed online with the Washington State Patrol (WSP) or Department of Licensing (DOL).

  • Employers should also maintain an Accident Register under 49 CFR §390.15, recording:

    • Date, city, and state of the accident

    • Driver’s name

    • Number of injuries/fatalities

    • Whether hazardous materials were released

5. Employer Responsibilities

  • Ensure compliance with FMCSA §382.303 testing requirements.

  • Remove the driver from safety-sensitive duties until test results are received.

  • Report positive test results to the FMCSA Drug & Alcohol Clearinghouse.

  • Maintain post-accident records for at least 3 years.

6. Penalties for Non-Compliance

Failure to follow reporting or testing requirements can lead to:

  • Driver disqualification from operating a CMV,

  • Employer fines up to $5,000 per violation,

  • FMCSA enforcement action, and

  • Potential criminal penalties for leaving the scene or falsifying reports.

7. Best Practices for Drivers

  • Keep a crash checklist in your cab (employer-provided is best).

  • Know who to call — company safety manager or dispatch.

  • Always document accident details, photos, and witness information.

  • Never leave the scene until cleared by authorities.