How long till a serious accident falls off your record

Discussion in 'Questions From New Drivers' started by Senior_Lorenzo, Jun 19, 2023.

  1. Moose1958

    Moose1958 Road Train Member

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    First IF you can hold a regular Drivers License you can get a CDL. As far as your DMV files go at some point all accidents are going to stop being reported. Let me re-focus your question another way. Will a carrier hold a fatality accident you had 20 years ago against you EVEN if they discover it? As long as your record has been clean since that answer generally will be no. Our society tends to reward good behavior after something like this more and more as time passes and at some point, it is just what it is and no longer worried about. I was speaking to a fleet owner some time ago and he was talking to me about a conversation he had with his insurance company. He wanted to hire a driver who had a DUI in conjunction with a vehicular manslaughter charge almost 15 years before. The insurance company found it somehow and called him for more information. They went on ahead and let the man drive. No way does an insurance company do that with a recent charge like that. The key here to understand is TIME. Stay clean you might have to haul rubber dog crap out of Omaha for a while, but over time better job opportunities will open up.

    On this time thing. My Son In Law finally recently took command of a Battalion at Ft Campbell. He also got a replacement Sgt Major. When he came to visit and pick up my daughter and granddaughter we were discussing his new command. This Sgt Major has a juvenile record for a serious crime I am not at liberty to disclose. My SIL was talking about how he was taken from his mother and went to live with his father. A while later he graduated from school and because his record was sealed he was able to join the Army. As with my SIL has spent most of his career AIRBORNE! This Sgt Major spends a lot of his free time mentoring kids. I bring this up because this man did make a mistake, he was held accountable, cleaned up his life with some help from his father and made something of himself. Regardless of your driving record. Remember, time works in your favor!
     
    Last edited: Jun 19, 2023
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  3. Eddiec

    Eddiec Road Train Member

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    Every job that you apply to is going to ask for your accident history for the past 3 to 5 years. And because you were driving a cmv, it is a DOT Reportable, so that will be on your PSP report for 36 months. I would refrain from putting details of the accident on any social media platforms until this case makes it way through the courts.
     
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  4. Moose1958

    Moose1958 Road Train Member

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    It's not a given it is on the PSP. First, the correct term is DOT RECORDABLE and that means the carrier is required to add the accident to their accident register. Look at the 2nd question on that link!

    As to the PSP we don't have enough information to say either way. If a DOT/MCSAP/CVSA certified cop was part of the investigation and they issued an inspection report then for sure it hit the carrier's CSA. If there was no inspection unless some really extraordinary things happened most likely it is NOT on the PSP/CSA data. The accident WILL be available to the state of course and there is a way the state can get information into the CSA database, but generally, they don't. A state-issued traffic ticket DOES NOT add PSP/CSA data to the FMCSA.

    @brian991219 @wis bang @gentleroger are also very knowledgeable on this and will correct me if I am in error.

    Edited to add some more information about what the FMCSA considers an accident. What the FMCSA considers an accident DOES NOT mean the same thing. Here is what the FMCSA considers an accident. 390.5 The rule here does not mention recordable. It just says accident.

    Accident means—

    (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce that results in:

    (i) A fatality;
    (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
    (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.
    (2) The term accident does not include:
    (i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or
    (ii) An occurrence involving only the loading or unloading of cargo.


    You have to take this definition into 390.15 to see what is required when an accident defined by 390.5 happens.

    390.15 Assistance in investigations and special studies.
    (a) Each motor carrier and intermodal equipment provider must do the following:

    (1) Make all records and information pertaining to an accident available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or authorized third party representative within such time as the request or investigation may specify.

    (2) Give an authorized representative all reasonable assistance in the investigation of any accident, including providing a full, true, and correct response to any question of the inquiry.

    (b) Motor carriers must maintain an accident register for 3 years after the date of each accident. Information placed in the accident register must contain at least the following:

    (1) A list of accidents as defined at § 390.5 of this chapter containing for each accident:

    (i) Date of accident.

    (ii) City or town, or most near, where the accident occurred and the State where the accident occurred.

    (iii) Driver Name.

    (iv) Number of injuries.

    (v) Number of fatalities.

    (vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released.

    (2) Copies of all accident reports required by State or other governmental entities or insurers.
     
    Last edited: Jun 19, 2023
  5. Moose1958

    Moose1958 Road Train Member

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    On another part of this accident subject there is some misinformation out there that is not true. 390.5(1)(iii) does NOT mean an accident is recordable simply because a wrecker has to come to pull a swifty out of the mud. Look at this again.

    (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.

    I have seen people sitting in truck stops argue this to the point of fighting.

    Pay attention to what a rule actually says, not what you think it says because your Uncle Bob has driven 300 years and knows it all.
     
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  6. tscottme

    tscottme Road Train Member

    One rule of thumb I have been told is "If you didn't pay the lawyer, he's not working for you." It sounds like you got shafted. I'm sorry.
     
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  7. Senior_Lorenzo

    Senior_Lorenzo Bobtail Member

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    It's made it's way through the courts.
     
  8. Senior_Lorenzo

    Senior_Lorenzo Bobtail Member

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    My thing is what's stopping them from just taking your money and screwing you over. That's what happened to me and I heard a similar story from a redditer.
     
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  9. Moose1958

    Moose1958 Road Train Member

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    It is interesting that this video just dropped on youtube about 30 minutes ago. I think it's OK to link it because I don't think he is furthering his business.

     
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  10. Ffx95

    Ffx95 Road Train Member

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    Always an interesting day going into NYC that’s why I usually opt to drive in when everyone’s asleep when it’s possible. Back to topic, I’d probably wait a solid 5 years after that case has been resolved to attempt to look for another driving job cause it sounds like you killed the guy. Insurance isn’t going to want the company to hire you with a fatality that recent.
     
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  11. Senior_Lorenzo

    Senior_Lorenzo Bobtail Member

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    I'm watching this right now. I'm well aware that public defenders are overworked. I didn't use a public defender I used a traffic lawyer. I never attended the trial and I asked my lawyer what happened who was the judge and what officer showed up and what did he say. The lawyer refused to tell me anything and told me I could get that all from the transcript. I ended up filing a complaint with the bar and the lawyer basically said all he did was go over the officers testimony.
     
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