FMCSA updates guidance on accident determination

The Federal Motor Carrier Safety Administration has updated its guidance regarding the determination of whether a crash should be included on a motor carrier’s accident register.

As part of the updated guidance, an X-ray should not be considered medical treatment. This is significant as whether a person receives medical treatment is one of the factors in determining whether the incident is considered an accident.

The Federal Motor Carrier Safety Regulations define accident as an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in either a fatality; bodily injury to a person who, as a result of the injury, receives medical treatment away from the scene of the accident; or one or more motor vehicles being towed from the scene.

Previous guidance from FMCSA noted that an X-ray would be considered medical treatment, thus making it qualify as an accident.

On Friday, Feb. 25, the FMCSA published a notice of revised regulatory guidance in the Federal Register.

Revised guidance

Question: A person is transported to a hospital from the scene of a commercial motor vehicle traffic accident. In one situation, the person undergoes observation or a checkup. Is this considered “medical treatment,” making the CMV occurrence an “accident” for purposes of the Federal Motor Carrier Safety Regulations?

In another situation, the person undergoes an X-ray examination or is given a prescription but is released from the facility without being admitted as an inpatient. Is the X-ray or prescription considered “medical treatment,” making the CMV occurrence an “accident” for purposes of the FMCSRs?

Guidance: In the first situation, no. A person who does not receive treatment for diagnosed injuries or other medical intervention directly related to the accident, has not received “medical treatment” as that term is used in 49 CFR 390.5.

In the second situation, a person who undergoes an X-ray examination (or other imaging, such as computed tomography or CT) has not received “medical treatment.” The X-ray examination is a diagnostic procedure but is not considered “medical treatment.” However, a person who is given prescription medication (or the prescription itself) has received “medical treatment.”

The revised guidance went into effect on Feb. 25 and is set to expire in five years. LL