Mark Barlar spent 22 years as a Wisconsin State Patrol Master Inspector and conducted more than 10,000 commercial vehicle inspections along Interstate 94. 

He believes most officers who write up highway accident reports are well-trained in their state’s laws, but not necessarily the nuances of Federal Motor Carrier Safety Administration (FMCSA) regulations. 

“Officers do make mistakes,” said Barlar. “I was an instructor for FMCSA. I made mistakes. Officers aren’t 100%, 100% of the time.”

Barlar is now the director of DOT Regulatory Compliance with Reliance Partners, which helps fleets improve their CSA safety scores and have improper accidents and violations removed through DataQ requests. 

He said newer fleets often fail to understand the specifics of the CSA program and the importance of properly distinguishing between a highway incident and a DOT-reportable crash.

An accident isn’t always a DOT-reportable crash 

Of the seven categories that make up the CSA program, the crash indicator BASIC is the only one that does not rely on inspection reports. It is based solely on the number of Department of Transportation-reportable crashes, when they occurred, and their severity.

DOT defines a reportable crash as a highway accident that results in a fatality, bodily injury that requires treatment away from the accident scene, and disabling damage that requires a tow. So that means cases where a first responder treats someone only at the scene, or a tow truck responds but is not needed to haul a vehicle away, are not DOT-reportable accidents. 

Officers may not fully understand that disabling damage means damage so severe that it can’t be driven from the scene safely. Or that there are damage exclusions to headlights, taillights, and turn signals. 

Close reviews of all accident and inspection reports to ensure accuracy are critical for fleets. Daniel Vega, a former Arizona state trooper who is now director of safety with Reliance Partners, said he’s assisted fleets in removing what was incorrectly listed as a fatal accident through the DataQ process, as it was actually a minor fender bender in a parking lot. 

“It went from a fatality to not even affecting their score,” Vega said. 

The best way to avoid a violation 

Both former law enforcement members said avoiding a crash or any CSA violation begins with daily vehicle inspections to catch potential problems before they lead to a safety event. They encourage drivers to walk around the vehicle to check the tires and lights after every stop.

“When it comes to vehicle maintenance, it’s all about brakes, lights, and tires,” said Barlar. 

Monitoring tire pressure with an automatic tire inflation system is increasingly important for fleets, as law enforcement can now do so more easily. Numerous states have begun using roadway sensors and artificial intelligence at truck inspection stations to detect failing tires before commercial vehicles reach the highway.

What to do when the worst occurs

The first thing a driver should do after a crash is to make sure they are not injured. Vega recalled one crash in which one person involved was in shock and did not realize a guardrail had partially impaled them. 

If there is no serious injury, drivers should assess whether it is safe to exit the vehicle and check on the other parties. Drivers should then take photos of all four sides and all four corners of the truck, as well as a photo that captures the entire vehicle. 

Barlar also recommended close-up photos of any damage and a video of the vehicle with all lights on to document that they were working. 

If there is any disagreement at the scene over what took place or whether it is a DOT-reportable accident, Barlar advises drivers to avoid being antagonistic. It’s best not to give law enforcement “any reason to focus on you a little bit more than what they already have to,” he said.