Is Your Company Prepared in the Event of an Accident?

Today, more than ever, companies that operate commercial motor vehicles need to prepare in advance for the possibility of an accident involving one of their vehicles. Depending on the severity of the accident, simply being involved can be enough to throw the thought process of most drivers and supervisors into disarray. Companies must have a clear and direct plan in place that can be implemented when an accident occurs. This plan needs to be flexible and should be able to be activated at any time of day or night. When an accident happens, the company has several immediate responsibilities to address.

• The safety and protection of the driver and the public.
• Protecting the company’s liability and physical damage exposure.
• Providing information to law enforcement officials.
• Controlling progressive damage that may occur from the accident, including hazardous material spills, cargo, and the vehicles.
• Complying with state and federal regulations (such as drug and alcohol testing, if required).
• Documenting and preserving physical evidence at the scene (to prevent spoliation of evidence).
• Securing witnesses to the accident.
• Addressing the news media and social media.
• Ensuring the vehicle is towed to a safe and secure location.

Recommendations for a Company to Prepare for an Accident: 

• Assemble an accident response team. Ideally, this team should consist of the safety director, the driver involved, an insurance accident investigator, the company’s attorney, and, if needed, an accident reconstruction expert.
• Have an accident action plan in place that outlines the responsibilities and actions of the response team.
• Develop a written policy for drivers to follow when involved in an accident, regardless of severity. This should include reporting procedures, conduct at the scene, responsibilities, drug and alcohol testing, etc.
  
  
• Include accident scene training as part of your new driver orientation program. Drivers should know exactly what to do—and what NOT to do—in the event of an accident.
• Place accident kits in the vehicles. These kits should include a camera, accident report forms, a pencil, and instructions. Place an expiration date on the outside of the kit that matches the expiration date of the camera. It is recommended that these kits be sealed or secured. Drivers need to be trained on how to use the camera, including which pictures should and should not be taken.

Photographing an Accident Scene

The old saying, "A picture is worth a thousand words," is especially true when it comes to documenting an accident scene. Over the past few years, carriers have placed disposable film cameras in their trucks to enable drivers to capture evidence from an accident scene. Today, with the evolution of digital cameras, it’s becoming increasingly difficult to find places that develop film. Regardless of whether a driver uses a film or digital camera, have you provided training on how to use the camera? If not, you risk the driver failing to capture the necessary photos to document evidence—or worse, having photos that could be used against your company in court.

Use the following tips to train your drivers:

1. Teach the driver how to properly operate the camera. If a camera is provided, demonstrate its use; if the driver uses a digital camera, ensure they have one available. Provide sample photos to show them how close or far to stand when taking pictures.

2. Encourage drivers to shoot all available pictures. If the camera is film-based, ensure they use up the entire roll. With digital cameras, instruct them to take plenty of photos. That extra picture may contain key evidence that could protect your company.

   

3. Photograph all damaged and undamaged areas of all vehicles. Don't forget to photograph the license plates of all vehicles involved. The photo should be close enough to clearly read the plate and identify which vehicle it belongs to. If possible, try to include the unit number in the picture.

4. Photograph the interior of the vehicles. This includes the dashboard, driving compartment, and safety equipment such as seat belts, steering wheel, pedals, and airbags.

5. Capture the accident scene from all angles. When photographing a vehicle or the entire scene, imagine a box drawn around the vehicle or scene. Take pictures from each of the four corners of the box to provide a full perspective.

6. Photograph the roadway leading up to the accident scene. Include skid marks from various angles. Also, take pictures of stationary objects such as telephone poles, road signs, and buildings that may help establish the context of the accident.

7. Do NOT take photos of injured or deceased individuals. However, take photos of the occupants in the other vehicles to document who was involved in the accident. For example, if the driver of another vehicle is changing a tire, photograph the action to document the condition of the other driver immediately after the accident.

Question of the Week:

Q: I have struck a deer on the roadway, and my vehicle is disabled. I’ve pulled the vehicle onto the shoulder. Where am I required to place my reflective triangles to alert other drivers of the situation?

A: First, activate your 4-way hazard flashers immediately. Then, place your reflective triangles as follows:

• One triangle should be placed 10 to 15 feet behind your vehicle.
• One triangle should be placed 100 feet behind your vehicle, and
• One triangle should be placed 200 to 300 feet behind your vehicle to provide adequate warning to approaching traffic.

Where am I required to place my reflective triangles to alert other drivers when my vehicle is broken down on the roadway?

From the Code of Federal Regulations (CFR) 392.22:

"Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices (triangles).”

Answer:

1. Activate your 4-way hazard flashers immediately to alert other drivers of your situation.
2. Place the reflective warning triangles as follows:
   • One triangle should be placed on the traffic side of the vehicle, approximately 4 paces (about 3 meters or 10 feet) from the stopped commercial motor vehicle, in the direction of approaching traffic.
   • One triangle should be placed 40 paces (approximately 30 meters or 100 feet) from the vehicle, in the center of the traffic lane or shoulder occupied by the vehicle, in the direction of approaching traffic.
   • One triangle should be placed 40 paces (approximately 30 meters or 100 feet) from the vehicle, in the center of the traffic lane or shoulder occupied by the vehicle, in the direction away from approaching traffic.

These placements ensure proper visibility for approaching vehicles, giving them enough time to react and safely navigate around your stopped vehicle.

Hills, Curves, and Obstructions

If a commercial motor vehicle is stopped within 500 feet of a curve, the crest of a hill, or any other obstruction that limits visibility, the driver must place the warning signals in the direction of the

obstruction. The warning devices should be positioned 100 to 500 feet from the stopped commercial motor vehicle to provide ample warning to other road users.

Divided or One-Way Roads

If a commercial motor vehicle is stopped on the traveled portion or shoulder of a divided or one-way highway, the driver must place the warning devices as follows:

1. One warning device should be placed 200 feet from the stopped vehicle, and one warning device should be placed 100 feet from the vehicle, both in the direction of approaching traffic, in the center of the lane or shoulder occupied by the commercial motor vehicle.
2. One warning device should be placed on the traffic side of the commercial motor vehicle, within 10 feet of the rear of the vehicle.

These placements ensure that other road users are adequately warned of the stopped vehicle, providing them ample time to react.

There are often many details to attend to following a DOT crash. Use the following checklist as a guide for your post-crash activities:

• If your driver was injured, and if appropriate, reach out to the driver’s family to offer assistance and reassurance.
• Conduct post-accident drug and alcohol testing on the driver within the deadlines specified in §382.303 (8 hours for alcohol, 32 hours for drugs).
• Contact your insurance agency. The agency can usually handle the on-scene investigation for you and your attorney (if applicable), either with its own personnel or a third-party adjuster.
• Consider having an attorney manage the investigation if you are concerned about liability or an investigation. This ensures that the investigation is properly preserved and protected under attorney-client privilege, meaning you retain control over the information.
• For liability purposes, capture the following:
  • The driver’s files (driver qualification, drug and alcohol testing) as they existed on the day of the crash.
  • The vehicle files for all equipment involved, as they existed on the day of the crash.
  • The driver’s activities for the last 30 days (or more), including shipment paperwork, dispatch records, logs, payroll information, and any other internal documents. If working with an attorney, they may request additional records.
• If there is an extensive law enforcement investigation, reach out to the investigating officer and provide your company’s contact information.
• Enter the accident into your accident register in accordance with Section 390.15.
• Follow best practices when law enforcement inspects the equipment as part of the investigation:
  • Request a copy of the inspection report as soon as it’s available.
  • Consider having an independent inspection done. Many insurance companies can arrange this through their own investigators.