What to do when you have an accident or are accused of damaging property.

What to do when you have an accident or are accused of damaging property.

I answered a thread about what a driver had to do to get a false DAC report taken care of after a receiver said he damaged the doors of the business. He didn't document the damages and now he's having a fight with his old company and DAC.

The tip I'm going to give you is to always CYA! If someone even thinks loud enough for you to hear "he hit me or he hit something" STOP and get out the cameras. OR, if you even tap something TAKE PICTURES! Someone some where will want it fixed and inflating the cost of the damage has been around since the caveman invented the club!

Do any of you remember the Gomer Pyle USMC show where Gomer borrows the Sarges car and "taps" a woman's car? It was just a scratch but when the insurance company came the car was totaled? A picture would have helped Gomer out then but then the show would not have been as funny!

If you just tapped a trailer backing in stop right there, get out and take pictures of the "tap." Sure you didn't scratch or dent anything but what proof did you have? A door, side of building, a light pole or another vehicle. Take pictures of anything that you did or could be conceived as your doing! A picture can tell if the damages are old or new and could relieve you of any fault or damages. Remember this is the age of the law suit and you are an easy target because of the "truckers make a lot of money" rumor! If it happens in a truck stop during rush hour, stop and take the pictures and tell those in a big hurry behind you to sit tight! Don't worry about them! They aren't the ones that money might be taken from!

Just about every company will give you a throw away camera for your accident report. It's NOT just for an accident with another vehicle! It's for ANY kind of accident that your company is going to write you up for and put in your perminate record or have to pay money through an insurance company. Use that camera up first. Don't just take 3 or 4 pictures but use the whole thing from as many different angles as you can.

If in an actual accident the FIRST thing you try to do is get pictures of the tags of cars and trucks who might have seen the accident and can be contacted for a statement as they drive by. (your cell is best for this) THEN get out and render assistance until help arrives, then do what the officers tells you to do. You then start to document every thing you see. Start at the drivers door and take a sweeping set of pictures then walk to the front and take more then on around the truck and other vehicle. You want pictures showing all four corners of the accident. Do not take pictures of fatalities. Then try for skid and brake marks, any debris left in the roadway but go back about 100 yards. The throw away camera you have is only good for about 20-25 pictures so have your cell or digital camera while taking this walk. Use one then the other so you have similar pictures. If someone tells you to stop taking pictures, tell them you are the driver and you have to for the insurance company. Usually in a minor injury accident you will not have a problem but in case of a fatality the State Patrol will be taking their own pictures and you can get copies of their report when they file but still do your job and take pictures. You can give your company copies of your pictures if you want as you might not get enough with just one throw a way camera.

Do not give up every picture you take in case you need to hire a lawyer or clear up a false DAC/USIS/HireRight or whatever they are calling themselves this year. My old company would get rid of all those cameras and if the driver needed copies he was basically screwed out of the evidence he needed because a company didn't want to waste a drawer with "old" pictures! You can transfer these pictures to your computer or flash drive for storage forever!

Don't think it will never happen to you! It will! Someone could back into you while you're out of the truck eating. It's gotten to the point that most drivers will drive away and not stand up for what they did. If you are one of those, I hope you get what ever comes your way but worse! Someone will see you and report you! I just hope you're the one who hit me a few years ago!

When you pick up a trailer it will even benefit you to document the condition of the trailer just in case the company hangs an accident on you. Use your cell or digital camera and take several pictures of each side of the trailer especially any visible damages but start at the trailer number so you know what pictures are what and give the file the trailer number. Even pictures of worn tires might be helpful in case the bottom feeder you drive for decides to charge you for a blown tire! Yes, you can read all about that happening right here in TTR! If you haul cars I know you take pictures as I hauled them and it seemed that no matter how thorough you were in marking all the tiny little scratches and dings there would be more when you got to your delivery point! The camera is the lifesaver. But you guys already know that!

You are in an industry that these days are trying to make drivers pay to drive for them. Even going as far as making you pay for another's screw ups! It's happened before and will continue until trucking is long gone!

I'm in this to make money and the pictures I have on the computer of every ding on every trailer and truck for the past 10 years are keepers until I know that something isn't going to come back and haunt me!

The words "a picture is worth a thousand words" rings very true these days and could save you a thousand dollars too!

I just thought of something else that might prove to be useful. You always have to write up an accident report on paper but with cell phones and digital cameras with video. I would go back to where the accident or event started and using the video, walk through and talk your way up to where everything came to a stop. This will be helpful as it's still fresh in your mind and seeing certain objects on the road could bring out memories, but get a bad case of diarrhea of the mouth when you make this video as every detail is necessary! BUT not to anyone else but the police!


Good Luck
Rollover

 

Yes, but they have to prove they were altered and any teeny bopper can tell!. That's taking it a tad bit to far!

 

Yes and like I said it takes no time at all to prove that a digital photo has not been altered. A computer forensic specialist can check any picture and document any "photo shopping" done to it.

I also said to take the pictures with your throw away camera BUT to back it up with your other cameras. Just a few pictures from the film camera next to your digital pictures is actually all the proof you need as you can tell if there was an alteration made! If it was that big of a deal about altering and lawyers then there would not be a single crime scene investigator using digital cameras just because of this argument! Besides "shredding" the proof can only cost the court time until the pictures in question have been ok'ed by people like you becoming forensic scientists! Maybe I should look into that as a new job! Everything is going digital these days.

I consider this closed as the thread is a guide to what should be done to cover your arse in case of a screw up! NOT an argument into forensic science!

I will add now that you brought it up. If you are worried about the above happening then don't hand in the camera but get the pictures developed, have 2 copies made and then keep one copy BUT the cost will probably be on you as the company might not want the film developed or might be to cheap to pay Wally World their price! You can also have the pictures put on a CD for easier storage but then we're going to start back into that circle!

But for arguing a DAC report for something trivial I wouldn't worry about the threat of altering a photo charge. Besides what trucker can afford to buy the good copy of Photo Shop anyway and have the time to learn how to use it?

 

I just wonder what happens when Kodak, Fugi and the rest quits making film as it's not a money maker! Looks like I'm going to look into photo forensic science as my new job!