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Safety & Compliance > What
to Do at an Accident Scene
Without doubt,
the safest group of drivers on U.S. Highways are the nations
professional truck drivers. You have developed the skills necessary
to avoid collisions even when another party is at fault. One of
the statistics that support our faith in truck drivers is the fact
that more than 75% of truck-related collisions are caused by the
non-professional driver.
That statistic
also tells us, though, the day may come where you find yourself
involved in a collision with another vehicle regardless of your
efforts. In order to prepare for that eventuality, you should have
certain items with you at all times when operating a commercial
motor vehicle.
You are required
by the Federal Highway Administration (FHWA) to carry emergency
warning devices. In addition, you should have a company accident
report form and witness signature cards. Certain information must
be exchanged at an accident scene, and other information will be
helpful to your company in dealing with the accident after the fact.
The report form and witness information are critical.
It is strongly
recommended that you carry a disposable camera (with flash), a flashlight,
and a tape measure. These items will be helpful in documenting any
evidence at the scene.
FHWA also requires
you to carry your Commercial Driver License, your medical certificate,
daily logs, and shipping papers if you are transporting hazardous
materials. You also must carry proof of liability insurance. If
you are involved in a collision, you will be required to present
your driver license and proof of insurance to the involved other
parties. Federal, state or local law enforcement personnel will
be entitled to see the other documents described above.
If you are
involved in an accident, your duties fall in to three groups:
(1) secure the scene,
(2) notify authorities, and
(3) gather evidence.
1. Secure the
scene. Come to a complete stop. Take a deep breath and do your best
to become calm. A collision, even to the most experienced driver,
can be unnerving. Extinguish any smoking materials to reduce the
risk of fire. Use extreme caution exiting your vehicle. Other vehicles
may still be trying to pass or come to a stop. You must protect
yourself at this point, or you will be unable to help others. Set
out emergency warning devices to alert oncoming traffic. Check for
injured persons and perform first aid, if necessary, within the
limits of your training and experience. Arrange for medical assistance.
2. Notify authorities
and your company. This is not an option if there are injuries or
fatalities, or interference with other traffic. If the collision
appears to be minor, follow your companys policy regarding
notification of the police. Your company must be notified immediately,
regardless of severity of the collision. Either you or a company
official should notify your insurance company representative as
quickly as possible. Do not speak with the media or other parties
at the scene. Refer questions to your company official or your insurance
company representative. DO NOT ADMIT FAULT. Relate the facts of
the accident to the law enforcement personnel and to your company
representative, without making a judgment of responsibility.
3. Gather evidence
at the scene. Responsibility for many collisions is determined days,
weeks or months afterward, and may be based on some piece of evidence
or information that may seem insignificant at the scene. Do not
rely on your memory. Save pieces of hard evidence; write notes regarding
other items; take pictures!
We suggested
earlier that you carry a camera with you. The notion that a
picture is worth a thousand words is never more true than
when you are trying to document conditions at an accident scene.
If it is not possible to take photos at the time, there still may
be value in someone from the company getting to the scene after
the fact. Skid marks and other evidence may still be visible.
Photos should
document skid marks, the position of the involved vehicles, location
of debris on the roadway or shoulder, and any other factor that
might help to record the facts of the accident. Do not be chincy
with the film. Film is cheap! Use all of the film you have available,
moving around to get different views of the scene. A series of photos
approaching the scene from each direction of travel may be of value.
Secure the
identity and insurance information of other drivers. Get the names,
addresses, telephone numbers of any witnesses. If a witness should
be reluctant to provide this information, write down his/her vehicle
license number. Get the name and badge number of any law enforcement
officer at the scene. Be sure to count and identify people in the
other vehicles. Counting is important, because in some bodily injury
cases, the number of injured people in the other vehicle has been
known to grow. Note the physical condition of others
involved, i.e. apparently uninjured or obviously injured. Are they
walking around? Are they complaining of any injury?
Note the weather
and road conditions. This is particularly important if you are unable
to take photos. Is it light or dark? clear or cloudy? sunny? rain,
snow, hail, fog, sleet? What is the road like? how many lanes? are
there lane dividing lines and fog lines? were they visible? curves?
dry or wet? icy? snow covered? how far was visibility clear?
Save hard evidence
that may be important, such as broken light lenses or bulbs, pieces
of trim, wheel covers, items from within the vehicles. Measure skid
marks. If you do not have a tape measure, pace them off as accurately
as possible. Try to identify which vehicle made which marks.
With regard
to saving evidence, try to note any extenuating circumstances that
may have contributed to negligence or inattention on the part of
the other driver. Is there a cellular phone in the vehicle? Is there
any indication it was in use at the time of the accident (cell phone
billing records can document the exact time of a call)? Are there
any full or empty alcohol containers in the vehicle? What was the
operating condition of the vehicle at the time of the collision?
Were the lights burning? which lights? Were the windows clear or
fogged or icy? Were windshield wipers in use, if warranted? Were
safety belts being used?
Finally, when
all of your responsibilities have been met and you have done everything
possible to gather evidence, take the time to write notes on everything
that has happened. Remember that many collisions will result in
a bodily injury claim against you and your company. Quite often,
the hearing or trial to determine responsibility will not occur
for several weeks or months. Our memories are not good enough to
recall all details. Of course, everything you document or gather
involving a commercial vehicle accident should be shared first and
maybe only with your company representative.
Write down everything you observed as quickly as possible afterward!
Provided
by John Sallak. John has been a safety professional in the trucking
industry for 30 years and specializes in federal motor carrier safety
compliance.
Oregon
Trucking Associations, Inc.
4005 SE Naef Rd. | Portland, OR 97267
503.513.0005 | 503.513.0008 (fax) | 888-293-0005 | ortruck@ortrucking.org
©
2004 Oregon Trucking Associations Inc.
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