Dollars & Sense
Stop! Accident Scene Response
The safest group of drivers on U.S. Highways are the nation's 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 this statement 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, the FHWA (and probably, your carrier) 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 insurance company in dealing with the accident after the fact. The report form and witness information are critical.
According to John Sallak, the Oregon Trucking Associations' Safety Director, 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, load-related paperwork 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.
Salliak says that if you are involved in an accident, your duties fall in to three groups:
1. Secure the scene.
A collision, for even the most experienced, professional driver, can be unnerving. Being involved in a motor vehicle accident is a frightening experience and it is very common to be upset, fearful and generally shaky. Take a deep breath and try to remain calm.
Use 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, your carrier and your insurance 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 carrier's 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 insurance company representative.
It is very important that you make no statements about who you believe was at fault. You should keep your conversation to a minimum with the driver of the other vehicle or it's occupants. It's also important to pay attention to what the driver and occupants in the other vehicle say immediately following the accident.
Try to remember the exact words they use if they comment on how the accident occurred.
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!
It was suggested earlier that you carry a camera with you. The saying that "a picture is worth a thousand words" is never more true than when you are trying to document conditions at an accident scene. Some carriers now provide disposable cameras as part of an accident "package" that is distributed to drivers. Use it!
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. 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.
This is where a small notepad will come in handy. Make notes of any debris from the impact in the roadway. The exact location of debris may be evidence of the point of impact. Because such evidence may ultimately help determine who was at fault, take note of exactly where debris is located. Draw diagrams to illustrate the layout of the accident scene and as a memory aid.
The same is true of skid marks. Check to see if there are any skid marks on the road from any of the vehicles involved in the accident. Make a note of where skid marks are located, approximately how long they are and their angle to the roadway itself.
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?
*Is it clear or cloudy?
*Is it sunny?
*Is it raining or snowing?
*Is it foggy?
*Is there ice present?
*What is the road like?
*How many lanes?
*Are there lane dividing lines and fog lines?
*Were they visible?
*Curves?
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 insurance representative.