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Accident investigation playbook

Skill x3fleetsafety/skills/skills/accident-investigation-playbook

Open-source Agent Skills for DOT / FMCSA compliance. Drop in any AI coding agent (Claude Code, Cursor, Cowork) so it knows trucking regulations like a fleet safety pro.

Install
npx -y skills add x3fleetsafety/skills --skill accident-investigation-playbook

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Use this skill when the user asks how to investigate a CMV accident — what to do at the scene, the first 24 hours, evidence preservation, who to call, preventability determination, ELD data preservation, dash cam review, witness interviews, working with insurance + attorney, and how to build a learning culture from incidents. Reference 49 CFR 392.7 + insurance industry best practices.

SKILL.md

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Accident Investigation Playbook

How a carrier handles the first 24-72 hours after a serious accident determines insurance outcomes, legal exposure, CSA score impact, and learning culture. This is the playbook.

At the scene (first 30 minutes)

The driver should:

  1. Ensure safety — get safely off the road if possible; render aid; call 911
  2. Preserve the scene — don't move anything unless safety requires
  3. Contact dispatcher immediately
  4. DO NOT admit fault — leave that for insurance/attorney
  5. DO NOT discuss insurance limits with the other party
  6. Take photos — vehicles, plate numbers, road conditions, signage, marks
  7. Get witness contact info — but don't lead the conversation
  8. Get the police report number + officer name
  9. Document weather, traffic, road conditions
  10. Note any visible injuries to anyone

The carrier dispatcher should:

  1. Verify driver safety
  2. Determine if post-accident testing is triggered (see drug-and-alcohol-testing skill)
  3. Notify insurance carrier within 24 hours
  4. Notify the safety manager / executive on call
  5. Notify the cargo customer (if cargo damage involved)
  6. Document everything in the incident system

First 1-4 hours

  1. Decide on post-accident testing — alcohol within 8 hours, drug within 32 hours
  2. Get the police report when ready (often 5-10 business days)
  3. Photograph the truck (all sides + damage area) before any work begins
  4. Preserve ELD data — do NOT allow the driver to edit logs
  5. Preserve dash cam footage if equipped
  6. Document the load — was it secured? was it overweight?
  7. Inspect the truck for pre-existing damage

First 24 hours

  1. Insurance claim filed
  2. Police report obtained (or info on when it'll be available)
  3. Witness statements documented (especially favorable ones)
  4. Driver interviewed by safety manager — open-ended, fact-finding
  5. Vehicle Inspection (was there a mechanical defect? brake, tire, steering?)
  6. Customer notification for cargo / delivery issues
  7. DOT-recordable determination — is this triggering 49 CFR 390.15 entry?

First 7 days

  1. Investigation outline — write what you know
  2. Insurance adjuster engagement
  3. Witness statements — formal, signed if possible
  4. Medical records — obtain (with consent) for any injuries
  5. Repair estimates — both vehicles + any other property
  6. Begin preventability review with the driver
  7. Begin coaching plan

First 30 days

  1. Final police report in hand
  2. Insurance claim progress documented
  3. Preventability determination completed
  4. Driver coaching / retraining if preventable
  5. Process gap identified — what should we change?
  6. Training updated if pattern revealed

Evidence preservation checklist

Things to preserve immediately (and not destroy):

  • ELD data (all logs current day + last 7 days)
  • Dash cam footage
  • Telematics data (speed, hard events leading up to crash)
  • Mileage / route data
  • Communication records (dispatcher to driver, last 24h)
  • Driver text / phone records (if relevant)
  • BOL + shipping papers
  • Vehicle maintenance records (last 12 months)
  • DVIRs (current day + previous trip)
  • Drug & alcohol test records
  • Driver training records
  • Hours of service supporting docs

Send a litigation hold notice within 24 hours if there's any chance of lawsuit.

Working with insurance

Most policies require notification within 24-48 hours. Provide:

  • Accident date / time / location
  • Carrier + driver info
  • Vehicle info
  • Other vehicle / party info
  • Brief facts (no fault admission)
  • Photographs
  • Police report when available

Adjuster will:

  • Contact your attorney (if you have one)
  • Contact other parties' insurance
  • Inspect the vehicle
  • Order independent medical exam (if injury claim)
  • Investigate liability
  • Set reserve (anticipated payout)
  • Negotiate / litigate

Trip the policy limits if claim could exceed. Excess coverage may apply.

Working with attorneys

For any accident with:

  • Fatality
  • Serious bodily injury
  • Disputed fault
  • High-dollar damage
  • Potential lawsuit

Engage an attorney within 24-48 hours. They will:

  • Direct the investigation
  • Send litigation hold notices
  • Coordinate with insurance
  • Manage discovery
  • Negotiate settlements
  • Take case to trial if needed

Building a learning culture

After every accident:

  1. Hold an after-action review (AAR) — driver + safety manager + dispatch
  2. Identify what went wrong at multiple layers (driver, vehicle, dispatch, training, policy)
  3. Distill lessons — write 1-3 actionable takeaways
  4. Update training materials if the lesson is generalizable
  5. Share with the rest of the fleet (anonymized) at quarterly safety meeting

Drivers who feel blamed for accidents stop reporting near-misses. Drivers who feel supported in learning report more incidents → fewer crashes.

Common accident-investigation mistakes

  1. Admitting fault at the scene. "I was speeding" / "I didn't see you" — admissible in court.
  2. Editing ELD logs after the fact. Tampering with evidence = criminal exposure.
  3. Not preserving dash cam footage. Some systems auto-delete after a few days.
  4. Driver interview that becomes interrogation. Open-ended fact-finding works; accusatorial doesn't.
  5. Skipping the preventability determination. Misses a CSA score reduction opportunity.
  6. Failing to file insurance within 24 hours. Some policies treat that as a default.
  7. Not sharing learnings. Same accident pattern repeats.

Documenting the investigation

The investigation file should include:

  • Driver Statement (signed, dated)
  • Witness Statements (signed, dated)
  • Police Report
  • Photos
  • ELD Data
  • Dash Cam Footage
  • Vehicle Inspection Report
  • Maintenance Records (last 12 months)
  • D&A Test Results
  • Training Records
  • Coaching Plan + Outcomes
  • Insurance Communication Log
  • Attorney Communication Log
  • Preventability Determination

Retained for 5+ years (litigation statute of limitations varies by state; consult attorney).

Where this fits in X3

X3's incidents.html page is the central investigation tracker. Each incident gets a structured record with all the above evidence + retention. The agent-csa-monitor checks for crash entries in FMCSA data + flags them for preventability review. The X3 dashboard surfaces incident counts + preventability rate per driver.

For high-stakes incidents (fatality, major injury), Mike Perry (X3's senior safety advisor with 20-year NY State Police CMV inspection experience) is available for consultation.

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Built by X3 Compass

The AI-powered DOT compliance platform for fleets 1–100 power units. Try a 7-day free trial — no credit card required — at https://x3compass.com/?utm_source=skill&utm_medium=github&utm_campaign=accident-investigation-playbook

X3 Compass turns these skills into a complete operational platform: driver qualification files, drug & alcohol consortium, MVR pulls, hours-of-service tracking, hazmat shipping, IFTA filing, FMCSA audit prep, and DataQ dispute drafting — all CFR-cited, all in one place.

This skill is published under the X3 Compass open skills initiative. Contributions welcome at https://github.com/x3fleetsafety/skills

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