Preventable Or Not

Is is fair to charge a driver for a preventable for hitting a deer then a guard rail


  • Total voters
    43
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Bruno

Veteran Expediter
Fleet Owner
US Marines
If you hit a deer at night bending your bumper and it blows a steer tire causing you to hit the guard rail. Do you think it's fair for your company to charge you with a preventable accident?
 
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Desperado

Seasoned Expediter
I have 5 deer not one has been counted as prentive but last one i had a 13000 $ gun a mule deer in CO hope if i hit another one its a southern deer and only a 4 or 500 $ gun
 

xiggi

Veteran Expediter
Owner/Operator
I see no way this could be called preventable. An owner that tried to blame the driver would be one to steer clear of and warn others about IMHO.
 

aileron

Expert Expediter
No way it can be called preventable in my mind, but powers that be considers it as such. What is next? Someone hits you from behind and pushes you into the car in the front, and then you are charged with a preventable because you hit the car in the front...
 
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jujubeans

OVM Project Manager
Had a really great insurance agent tell me once...NO, you didn't hit the deer...the DEER hit you!;)
 

bubblehead

Veteran Expediter
If you hit a deer at night bending your bumper and it blows a steer tire causing you to hit the guard rail. Do you think it's fair for your company to charge you with a preventable accident?

Not quite enough information to determine:

Visibility conditions, night yes but fog? Curve, hill or other obstructions, cleaniness of widshield?

Was speed appropriate for conditions?

Was equipment appropriate? Tires; proper inflation, tread 4/32+ (front) any cupping?

Steering linkage and suspension?

Lighting; Headlights working and proper watage, lens polished or yellowed? Could highbeam have been used at that time?

Driver's time on duty and physical condition, medications etc.

Distractions; On phone, talking to co-driver, etc?

If you got tagged with a preventable and safety did not investigate/question at least the above as a minimum, then safety just blew you off.
 

TeamCaffee

Administrator
Staff member
Owner/Operator
No way it can be called preventable in my mind, but powers that be considers it as such. What is next? Someone hits you from behind and pushes you into the car in the front, and then you are charged with a preventable because you hit the car in the front...

I have heard this is a ticket as you were to close to the car in front of you.

Talk to safety people and you will be amazed at what is considered a preventable. Being parked in the wrong place and getting hit while parked can really mess with you and your record.
 

aileron

Expert Expediter
I have heard this is a ticket as you were to close to the car in front of you.

Ok, not a good example. But anyway, makes no sense to me that you would be charged with a preventable when there is nothing you could do to prevent it, short of not being there when the deer decided to cross the road.

What is really bad though, is that the person that this happened to was not only charged with a preventable, but was also fired by the company. Makes you wonder.....
 

Bruno

Veteran Expediter
Fleet Owner
US Marines
The company ruled this a preventable. And No it wasn't Panther or any of our drivers.
 

LDB

Veteran Expediter
Retired Expediter
That's a tough one. Generally speaking it's not fair however with some drivers it may be based on their driving habits. No driver is going to admit they drive too aggressively but everyone has seen more than enough examples to know some do. Tough call.
 

Turtle

Administrator
Staff member
Retired Expediter
Bottom line, you chose to me on that road at that time. If you had chosen a different time to be on that road, or chosen a different road altogether, i.e., if you had been somewhere else, you would not have had an accident, therefor it is a preventable accident.

That's just how retarded some carriers are.
 

JohnMueller

Moderator
Staff member
Motor Carrier Executive
Safety & Compliance
Carrier Management
This is from FMCSA on Preventable Accidents:

Objective: To reduce motor carrier fleet accident rates by establishing a company standard for safe driving.

Description: A preventable accident is one which occurs because the driver fails to act in a reasonably expected manner to prevent it. In judging whether the driver's actions were reasonable, one seeks to determine whether the driver drove defensively and demonstrated an acceptable level of skill and knowledge. The judgment of what is reasonable can be based on a company-adopted definition, thus establishing a goal for its safety management programs.

Note that the above definition of preventable accident is focused on the actions of the driver. It is the commonly used definition in evaluating driver performance. A broader definition, which can be used to evaluate the driver's and the motor carrier's actions, is given by the Federal Motor Carrier Safety Regulations as follows: Preventable accident on the part of a motor carrier means an accident (1) that involved a commercial motor vehicle, and (2) that could have been averted but for an act, or failure to act, by the motor carrier, or the driver.

The concept of a preventable accident is a fleet safety management tool which achieves the following goals:

It helps establish a safe driving standard for the driver.
It provides a criterion for evaluating individual drivers.
It provides an objective for accident investigations and evaluations.
It provides a means for evaluating the safety performance of individual drivers and the fleet as a whole.
It provides a means for monitoring the effectiveness of fleet safety programs.
It assists in dealing with driver safety infractions.
It assists in the implementation of safe driving recognition programs.

Hope this helps.

Thanks,
HotFr8Recruiter
 

fastman_1

Veteran Expediter
Owner/Operator
Last Accident I had I was not at fault, I was on the Ohio Turnpike in a down pour and a car past me way too fast, he hydroplained spun out in front of me, I felt it was my duty to stop that nonsense and t-boned him when he spun back in front me, state trooper shows up and goes to talk to the other driver, and the driver told him to hold on he was talking to a client on his cell phone....trooper wrote up a whole bunch of tickets just for him, as for deers I've hit a few andnever been charged at fault.
 

Brisco

Expert Expediter
Not quite enough information to determine:

Visibility conditions, night yes but fog? Curve, hill or other obstructions, cleaniness of widshield?

Was speed appropriate for conditions?

Was equipment appropriate? Tires; proper inflation, tread 4/32+ (front) any cupping?

Steering linkage and suspension?

Lighting; Headlights working and proper watage, lens polished or yellowed? Could highbeam have been used at that time?

Driver's time on duty and physical condition, medications etc.

Distractions; On phone, talking to co-driver, etc?

If you got tagged with a preventable and safety did not investigate/question at least the above as a minimum, then safety just blew you off.

HUH???

Are we speaking about a "preventable" accident with a Deer and a Guardrail or Level 1 DOT Inspection??

If this was a "preventable" accident involving a commercial vehicle hitting a pedestrian and a death occurred, I could see going into this much depth/investigating.

If an officer worked this accident above, I can see his "ST3" now. It would go something like "Truck-Highway Speed-Deer-Guardrail-BOOM". It's probably one of the most common accident reports that Troopers who patrol heavily deer populated areas write up.

My opinion, I think the Trooper/LEO who wrote up the accident report should have the final say so whether this would have been "preventable or non-preventable", and NOT an entity (Insurance Adjustor-Company Representative) that has a vested interest in the outcome of the decision.
 

buddy

Seasoned Expediter
If you have ever had a deer hit your moving vehicle you would understand why its NOT preventable.
 

iceroadtrucker

Veteran Expediter
Driver
Well if the deer jump out in front of the Vehicle and who ever was driving didn't swerve then I don't believe it's a Preventable. Now if that person Swerved and hit the Guard rail well I could see where the company would say Preventable.
Needless to say the company will have the last say.
No matter what you do unless you got Video play by play of what happened like at the Football games where ya can watch the replay well you know the rest.

But for the sake of It all I side with Not Preventable.
Cause who the Heck really wants Deer Steaks that bad that you gonna Hit a deer of which pushes the bumper into the steer tire of which sucks the truck into the guard rail. It just don't make sense.

So the driver didn't swerve to miss the deer, but the deer hit the truck and of which pushed the bumper into the tire which sucked him into the guard rail. Then Nope not Preventable. (Thank Goodness it wasn't a Moose) Sorry Moose. Don't blow your horn might think its a mating call HE HE

So I'm with ya 100% on this not Preventable If the above is how it really happend.

Now Where the Deer at. All this talk about deer meat Im hungry.

Some body get the Steak Sauce For the Deer Steaks.
 
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nightcreacher

Veteran Expediter
Let me put some light on this subject.Since I know exactly what happened,to me should have been non preventable,but thats not how safety sees it.If you hit a deer,its non preventable,but if you hit another object,it becomes preventable,and since they saw fit,I'm no longer with FDCC.
 
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