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Winter 2015
Crash Course
THE
front
Get to safety
Following a wreck, your number one priority is the safety
of drivers involved in the accident. The driver of the big
rig should move his or her tractor out of the roadway if it
is safe to do so. Activate the trucks flashers. As soon as it
is practical, make sure the reflective triangles are placed
in such a way to warn passing drivers. Remember, second-
ary collisions from other motorists claim more lives than
initial collisions between a tractor and car. Flares also help.
And remember, if it is not safe to move the tractor, then
leave it where it sits.
dangerous phrases, such as I didnt see police or ambulance personnel, so look Call your safety department
you or I couldnt stop. Drivers should at the drivers eyes. Do the other drivers Now that you have called 911 and
focus on calmly analyzing the situation eyes respond to your voice? Are their eyes checked on the other driver, it is time to
and speaking only when necessary to glassy? These are red flags. Did the other do your homework. The big rig driver
avoid saying something in the heat of drivers airbags activate? Are any passen- should call his or her safety department
the moment that could bite them later. gers bleeding? This information might be and report only the facts. Describe which
Think, rather than speak. helpful to emergency responders. lane you were traveling in. When did you
After the vehicles stop moving, if it use your trucks turn signals? Where
is safe to do so, drivers should exit their Call 911 were you coming from, and where were
tractor and calmly check on the other After getting to safety and checking on you going? What did the other vehicle
driver. Since this is your first personal the other driver if it is safe to do so, call do? Where did the other vehicle come
contact with the other driver everything 911. Calmly, slowly inform the operator from? Where did you first see it? Where
you say and do matters. of only the following: 1) location of the did it stop? Who are the witnesses?
Regardless of who caused the collision, collision; 2) visible injuries; 3) number The notes that risk management puts
Now is not the time to worry about fault. of vehicles and people involved; 4) your together directly after a collision often
Ask the other driver if he or she is OK name and phone number. Ask the oper- are key exhibits at trial. Notes should
but do not engage the other driver in ator how soon the police and emergency never assign fault to either driver. You
conversation, even if it seems unrelated responders (if necessary) will arrive. can discuss that verbally later. Right
to the accident. Your goal is to determine Thank them politely and hang up the now, your job is to convey true informa-
the extent of their injuries to see what, phone. Remember: Whatever is said to tion and minimize potential damages.
if anything, you can do to help. You may a 911 dispatcher can be and often is Truck drivers need to casually
need to relay the symptoms you see to the used as evidence in court. observe the driver of the other vehicle.
Does he or she smell like alcohol? Is hand to calmly and politely provide just should make absolutely sure that they
there evidence of other drug use? Were the facts about the accident. Give the confer with the driver over the phone
there any pills, alcohol or drugs in the officer the who, what, when, where and before he or she appears for the test. If
other car? Was the other driver talking why, but leave out the opinions and there is any question whatsoever that
on a cell phone, texting, etc.? Were they speculation about why the other driver the driver could fail the test, then it is
wearing their seat belt? Observe how the did what he or she did. Remember, just best to involve a trucking attorney im-
driver acts after the collision. Are they the facts emotional accounts or state- mediately. If the police officer takes the
walking around and talking? Do they ments saying who was at fault will only truck driver to the lab, then the attorney
act hurt? Do any specific actions make make the situation worse. should consider getting a second DOT
it appear that they are uninjured? Make Again, never use dangerous phrases test a few hours later. The second test
sure to take careful notes. such as I didnt see them, or I couldnt is privileged and can prove helpful in
A truck driver also should take photos stop. Explain only the facts as you the legal process. If the second test is
of the damage to the vehicles if it is safe know them (described above, including positive, it will do no more harm than
to do so. Make sure those photos are sent whether the other driver used their the first positive test.
to your Safety Department and retained turn signals, was acting strangely, had
for later use. their lights on, etc.) Do not use specific Save your records
speeds, but identify if the other vehicle Immediately preserve the drivers log
Get a second (or third) set of eyes was traveling faster than you. books, all GPS data, and all messages
It is common for other motorists to stop between the driver and the trucking
to help. A truck driver needs to politely company. Even though the Federal
visit with these people. If they wit- The fact that more than Motor Carrier Safety Administration
nessed the accident firsthand or have 25,000 individuals were permits these records to be retained
only for a short period, most plaintiffs
other important information, then the
driver should get their name and phone injured in accidents attorneys will try to argue to the court
number. He or she should use their and jury that you should have saved the
phone to snap pictures of the vehicles involving large trucks records and that they would have shown
involved, as well as the license plates something helpful to the other side. This
from helpful witnesses.
in 2012 alone makes it is simple and doesnt cost much, if any,
If this is a serious accident, then clear that trucking firms money save the records!
a safety department representative
should call the companys attorney need to be certain that Remember: Accidents Happen
immediately. The attorney should No driver or company wants to expe-
participate in the investigation in order
their employees will re- rience the turmoil resulting from a
to make sure that the investigation is spond appropriately. serious motor vehicle accident. The
privileged. Copy the attorney on any fact that more than 25,000 individuals
emails and make sure that the emails were injured in accidents involving large
have Attorney-Client Communication Follow FMCSA regulations trucks in 2012 alone makes it clear that
at the top. It may also be helpful to locate This sounds simple, but its easy to trucking firms need to be certain that
an accident reconstruction expert to forget the need for a driver involved in their employees are trained and that
visit the scene as quickly as possible so a collision to take a U.S. Department they will respond appropriately when
they can preserve as much of the scene of Transportation (DOT) drug/alcohol the inevitable occurs. Preparing for a
data as possible. If the case goes to trial, screening. If the regulations require highway collision is no accident.
this data can be used to create a 3-D im- such a screening in your accident, then
age or video of the collision, which juries make sure you take the test. If the reg- Attorney H. Peyton Inge IV practices trans-
find very helpful. ulations dont require a DOT test, then portation law at the Dallas office of Chamblee,
At some point, the responding police do not do so outside of your standard Ryan, Kershaw & Anderson P.C., one of the
offer will approach the tractor driver, random screen policy. leading U.S. law firms for defending trucking
who should be carefully trained before- Individuals in your safety department companies against lawsuits of all types.