[FONT=arial,helvetica,sans-serif]Let's face it sooner or later most drivers will be in an accident of some sort or another. So what is an accident? [/FONT]
[FONT=arial,helvetica,sans-serif]Accidents are defined as: any unintended happening, or mishap. Every company has their own definition of what an accident is, so pay close attention to that part of any company's orientation class or read and understand the company handbook. Be sure to ask questions if you do not understand what you see or read, it could save you many headaches and keep you from having an accident put on your driving record.[/FONT]
[FONT=arial,helvetica,sans-serif]Most often, an accident is any unplanned event that results in personal injury or in property damage. The failure of people, equipment, a load, or surroundings, to behave or react as expected causes most accidents. Weather can and does play a big part in accidents.[/FONT]
These instructions are assuming that your log book is in order and you are legally driving at the time. If not well then you better get things in order.
[FONT=arial,helvetica,sans-serif]What to keep with you at all times to record an accident.[/FONT]
[FONT=arial,helvetica,sans-serif]1. Keep a Camera, preferably a digital one. Do not depend on a camera in your cell phone; most people do not know how to print or save the pictures, and the quality is not the best. Most companies have an accident reporting kit in their trucks that include a camera. I always carry my own camera as then I have the pictures. Once you turn the camera in to the company, it is doubtful that you will have access to those pictures again. They are better than nothing but add your own tools to make sure that you can record and document ALL the information and evidence at the accident scene, including witnesses, and law-enforcement contact information.[/FONT]
[FONT=arial,helvetica,sans-serif]2. A tape recorder to record any statements you hear by the other driver, witnesses or law enforcement. This includes your statements to law enforcement or rescue personnel.[/FONT]
[FONT=arial,helvetica,sans-serif]3. A tape measure, preferably a 100 foot one.[/FONT]
[FONT=arial,helvetica,sans-serif]4. A couple cans of orange or white spray paint to mark points of reference such as impact, direction of travel etc.[/FONT]
[FONT=arial,helvetica,sans-serif][/FONT]
[FONT=arial,helvetica,sans-serif]What you need to do in case of an accident[/FONT]
[FONT=arial,helvetica,sans-serif]Some of the steps below will depend on if you are injured or not. Never state to anyone that you are not injured. Most of the time, unless it is an obvious injury, the adrenaline will keep you from feeling any pain until it leaves your system. It is best to say you do not know if asked.[/FONT]
[FONT=arial,helvetica,sans-serif]1. Call 911 and get the required help in route.[/FONT]
[FONT=arial,helvetica,sans-serif]2. Check for injuries to any one involved in the accident. Obviously, this includes you. [/FONT]
[FONT=arial,helvetica,sans-serif]3. The law states that you are NOT required to physically help anyone, once you do you open the door for additional litigation. This is a hard thing not to do. I cannot say that you should not move someone if they are in imminent danger of sustaining more injuries or death. Just remember; once you do, there is no going back and your attempt at being a Good Samaritan can cost you.[/FONT]
[FONT=arial,helvetica,sans-serif]4. Turn off all engines. Make sure that there is no danger of fire or explosion. If there is move away from it.[/FONT]
[FONT=arial,helvetica,sans-serif]5. Try to preserve the accident scene as much as possible without endangering your self or others.[/FONT]
[FONT=arial,helvetica,sans-serif]6. Do not admit fault to any one even if you think you are. The less you say the better off you are. This includes your conversation with the other party, witnesses, bystanders, law enforcement agency (s), and or emergency responders like fire and rescue personnel and in some cases the doctor.[/FONT]
[FONT=arial,helvetica,sans-serif]7. [/FONT][FONT=arial,helvetica,sans-serif]Get the other driver's name, address, date of birth, telephone number, driver's license number and expiration date, and insurance company. [/FONT]
[FONT=arial,helvetica,sans-serif]8. [/FONT][FONT=arial,helvetica,sans-serif]Get the other vehicle's make, year, model, license plate number and expiration date, and vehicle identification number. [/FONT]
[FONT=arial,helvetica,sans-serif]9. [/FONT][FONT=arial,helvetica,sans-serif]Get the names, addresses, telephone numbers, and insurance companies of the other vehicle's legal and registered owners ' if the driver does not own the vehicle. [/FONT]
[FONT=arial,helvetica,sans-serif]10. [/FONT][FONT=arial,helvetica,sans-serif]Get the names, addresses, dates of birth, driver's license numbers, and telephone numbers of any passengers in the other vehicle. [/FONT]
[FONT=arial,helvetica,sans-serif]11. [/FONT][FONT=arial,helvetica,sans-serif]Get the names, addresses, and telephone numbers of any witnesses to the accident. Ask them to stay to talk to the responding law enforcement agency. If witnesses insist on leaving, ask them to tell you what they saw, and write down or record everything. I prefer to take a picture of the witness, the witness's car, the location of it in reference to the accident scene and involved vehicles, the occupants, and license plate number. Witnesses can and have been tracked down with license plate numbers.[/FONT]
[FONT=arial,helvetica,sans-serif]12. [/FONT][FONT=arial,helvetica,sans-serif]Get the name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of any accident report. [/FONT]
[FONT=arial,helvetica,sans-serif]13. Get a simple diagram of the accident. Draw the positions of both vehicles before, during, and after the accident. Write down the direction of travel of all vehicles. If there are skid marks on the road, pace them off and take pictures. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights, or streetlights and highway numbers. Take pictures of the scene, and of the other drivers and occupants. Do not place yourself in harms way in order to complete an accident diagram or taking of pictures. Be aware of traffic conditions and skip any measurements that could place you in a position of harm. [/FONT]
[FONT=arial,helvetica,sans-serif]14. Write down everything you can at that time, as your memory may not recall all the details as clearly later. Do not give anyone the originals of your records and pictures. Give them copies only.[/FONT]
[FONT=arial,helvetica,sans-serif]15. Request a copy of the Qual-Com records. Do not be surprised if the company refuses though.[/FONT]
[FONT=arial,helvetica,sans-serif]16. Request a copy of what your company's investigation of the accident. Do not be surprised if the company refuses though.[/FONT]
[FONT=arial,helvetica,sans-serif]17. Request a copy of the accident report from the reporting law enforcement agency.[/FONT]
[FONT=arial,helvetica,sans-serif]18. Make copies of ALL your bills of laden, logs, receipts, driver vehicle reports, the annual vehicle inspection, the registration and tag number of the truck and trailer.[/FONT]
[FONT=arial,helvetica,sans-serif]Remember this; No one but you is going to protect you from any litigation or protect your driving record. You must depend on yourself to defend any litigation, Workman's Compensation claims, company claims etc. If you are hurt, then do what the doctor says unless you are not comfortable with that doctor. If that happens change doctors. In most states, your Workman's Compensation Company has to give you a list of doctors to pick from if you are not comfortable with the one you see initially.[/FONT]
[FONT=arial,helvetica,sans-serif]Hire a GOOD lawyer. Not your Brother Bob's divorce lawyer Hire one that specializes in accidents. Do not be afraid to ask questions about the lawyers back round, cases he or she has handled. Conduct an interview because you are hiring them to protect you.[/FONT]
Accidents and how to handle them
Discussion in 'Ask An Owner Operator' started by NightWind, Jun 30, 2007.
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I know a bullhauler who fell asleep and wiped out and afterward he was in shock and wandered off down the road not knowing he had hit anything but the ditch...they found him less than an hour later and told him he had hurt a man and killed a dozen or more cows.He was in shock and refused to submit to any tests.They took him to jail,he bailed and a few days later the local cops showed up at his door with a warrant out of the state he crashed in and told him the guy died....It cost him everything plus 18 months in the pen....That was 8 or 9 yrs ago and he still hasn't got his DLs back ,much less his CDLs.It can cost you MAJOR.He was a real good hand with 10 or so years experience who just screwed up pushing for that last mile.That last mile is always the one that gets you.
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As a newbie with under 9000 miles of OTR experience I flipped my truck on a bad exit with no warning signs. I am lucky to be alive and thank God noone else was injured in a remote area near Butte Montana. A preventable accident with no citation from the officer but now I have no job and I am probably will have a hard time finding another decent trucking job.
Any suggestions would be helpful.
Thanks to all that respond.
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