In the fast-paced world of commercial transportation, the unexpected can happen at any moment. Accidents involving commercial motor vehicles can be overwhelming for drivers and companies alike, leading to significant liabilities and safety concerns. With the stakes so high, it is essential for businesses to be prepared with a comprehensive accident response strategy. This blog post will explore the critical steps companies should take before an accident occurs to ensure the safety of their drivers, the public, and the company itself. From assembling an experienced accident response team to implementing effective training and documentation practices, we’ll outline the key components that can help mitigate risks and ensure a swift, organized response when the unexpected happens. Join us as we delve into the essential elements of accident preparedness, helping your company navigate the challenges of the road with confidence.

In this issue:

• Recommendations for a Company to Prepare for an Accident
• Checklists Assist Motor Carriers in Post-Accident Activities
• DOT Clarification for Drivers Using Legally Prescriptions and the Medical Review Officer (MRO) During a Positive Controlled Substance Test
• Do You Have Other Employees That You Want to Receive the Idealease Weekly Safety Bulletin?

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Companies that operate commercial motor vehicles must be proactive in preparing for the potential of an accident involving their fleet. Depending on the accident’s severity, the situation can quickly overwhelm drivers and supervisors. Therefore, having a well-defined and adaptable plan that can be executed at any hour is crucial. When an accident occurs, companies have several immediate responsibilities they need to address:

• Ensuring the safety and well-being of the driver and the public.
• Mitigating the company’s liability and physical damage risks.
• Providing necessary information to law enforcement officers.
• Managing secondary risks such as hazardous material spills, cargo issues, and vehicle damages.
• Adhering to state and federal regulations, including drug and alcohol testing when required.
• Documenting and preserving physical evidence at the scene to prevent any potential loss of evidence.
• Securing witness accounts related to the accident.
• Respond to inquiries from the news media and social platforms.
• Arrange the vehicle to be towed to a safe and secure location.

Recommendations for a Company to Prepare for an Accident: 

• Form an accident response team that includes the safety director, the driver involved, an insurance accident investigator, the company’s legal counsel, and, if necessary, an accident reconstruction specialist.
• Create a comprehensive accident action plan that clearly defines the roles and actions of each team member.
• Establish a written policy for drivers detailing the steps to follow when involved in an accident, regardless of its severity. This policy should cover reporting protocols, appropriate behavior at the scene, responsibilities, and procedures for drug and alcohol testing.
• Incorporate accident scene training into the new driver orientation program. Drivers need to understand what actions to take and what to avoid in the event of an accident.
• Equip vehicles with accident kits containing a camera, accident report forms, a pencil, and clear instructions. Mark each kit with an expiration date that aligns with the camera’s expiration date, and ensure that the kits are securely sealed. Provide training for drivers on how to effectively use the camera, including guidelines on which images to capture and which to avoid.

Photographing an Accident Scene

The old saying, “A picture is worth a thousand words,” is especially true when documenting an accident scene. Over the past few years, carriers have placed disposable film cameras in their trucks to enable drivers to capture evidence from an accident scene. Regardless of whether a driver uses a film or digital camera, have you provided training on how to use the camera? If not, you risk the driver failing to capture the necessary photos to document evidence—or worse, having photos that could be used against your company in court.

Use the following tips to train your drivers:

• Teach the driver how to properly operate the camera. Tell your drivers to use a camera or phone to document the scene. Provide sample pictures to show them how close or far to stand when taking pictures.
• Encourage drivers to shoot all available pictures. Instruct your drivers to take plenty of photos of all angles. That extra picture may contain key evidence that could protect your company.
• Photograph all damaged and undamaged areas of all vehicles. Make sure to take clear photos of the license plates of all vehicles involved. The images should be close enough to quickly read the plates and identify the corresponding vehicles. If you can, try to capture the unit number in the picture as well.
• Photograph the interior of the vehicles. This includes the dashboard, driving compartment, and safety equipment such as seat belts, steering wheel, pedals, and airbags.
• Photograph the roadway leading up to the accident scene. Be sure to capture skid marks from different perspectives. Additionally, take photographs of stationary items like telephone poles, road signs, and nearby buildings to help provide context for the accident.
• Do NOT take photos of injured or deceased individuals but... Make sure to take photos of the people in the other vehicles to record who was part of the accident. For instance, if the driver of another car is in the process of changing a tire, capture that moment to show that driver’s condition right after the incident.

Question of the Week:

Q: I have struck a deer on the roadway, and my vehicle is disabled. I’ve pulled the vehicle onto the shoulder. Where do I place my reflective triangles to alert other drivers of the situation?

A: First, activate your 4-way hazard flashers immediately. Then, place your reflective triangles as follows:

• Place one triangle 10 to 15 feet behind your vehicle.
• Another triangle should be placed 100 feet behind your vehicle, and
• The last triangle should be placed 200 to 300 feet behind your vehicle to provide adequate warning to approaching traffic.

Where do I place my reflective triangles to alert other drivers when my vehicle is broken down on the roadway?

From the Code of Federal Regulations (CFR) 392.22:

“Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices (triangles).”

Answer:

• Activate your 4-way hazard flashers immediately to alert other drivers of your situation.
• Place the reflective warning triangles as follows:
  • One triangle should be placed on the traffic side of the vehicle, approximately 4 paces (about 3 meters or 10 feet) from the stopped commercial motor vehicle, in the direction of approaching traffic.
  • One triangle should be placed 40 paces (approximately 30 meters or 100 feet) from the vehicle, in the center of the traffic lane or shoulder occupied by the vehicle, in the direction of approaching traffic.
  • One triangle should be placed 40 paces (approximately 30 meters or 100 feet) from the vehicle, in the center of the traffic lane or shoulder occupied by the vehicle, in the direction away from approaching traffic.

These placements ensure proper visibility for approaching vehicles, giving them enough time to react and safely navigate around your stopped vehicle.

Hills, Curves, and Obstructions 

If a commercial motor vehicle is stopped within 500 feet of a curve, a hill crest, or any visibility obstruction, the driver must set up warning signals directed toward the obstruction. These warning devices should be positioned between 100 and 500 feet from the stopped vehicle to alert other road users effectively.

Divided or One-Way Roads 

When a commercial motor vehicle is halted within 500 feet of a curve, hill crest, or any obstruction that limits visibility, the driver must activate warning signals directed at the obstruction. These warning devices should be placed between 100 and 500 feet away from the stopped vehicle to warn other road users adequately.

Checklists Assist Motor Carriers in Post-Accident Activities

• There are often many details to attend to following a DOT crash. Use the following checklist as a guide for your post-crash activities:
• If your driver was injured, and if appropriate, contact the driver’s family to offer assistance and reassurance.
• Conduct post-accident drug and alcohol testing on the driver within the deadlines specified in §382.303 (8 hours for alcohol, 32 hours for drugs).
• Contact your insurance agency. The agency can usually handle the on-scene investigation for you and your attorney (if applicable), either with its personnel or a third-party adjuster.
• Consider having an attorney manage the investigation if you are concerned about liability or an investigation. Having an attorney ensures that the investigation is properly preserved and protected under attorney-client privilege, meaning you retain control over the information.
• For liability purposes, capture the following:
  • The driver’s files (driver qualification, drug and alcohol testing) as they existed on the day of the crash.
  • The vehicle files for all equipment involved, as they existed on the day of the crash.
  • The driver’s activities for the last 30 days (or more), including shipment paperwork, dispatch records, logs, payroll information, and any other internal documents. If working with an attorney, they may request additional records.
• If there is an extensive law enforcement investigation, reach out to the investigating officer and provide your company’s contact information.
• Enter the accident into your accident register in accordance with Section 390.15.
• Follow best practices when law enforcement inspects the equipment as part of the investigation:
  • Request a copy of the inspection report as soon as it’s available.
  • Consider having an independent inspection done. Many insurance companies can arrange this through their own investigators.

DOT Clarification for Drivers Using Legally Prescriptions and the Medical Review Officer (MRO) During a Positive Controlled Substance

40.135; 40.327

QUESTION:

During the verification interview, the MRO may learn about a legally prescribed medication that would likely make the employee medically unqualified or would likely pose a significant safety risk. Section 40.135(e) requires the MRO to tell the employee to have his/her prescribing physician contact the MRO to discuss the MRO’s concern about the medication. If the prescribing physician does not speak with the MRO within 5 business days of the MRO informing the employee to have his/her prescribing physician contact the MRO, the MRO will report the information about the legally prescribed medication to the appropriate third party. Can the MRO report that information to a third party before 5 business days have elapsed?

ANSWER:

• Yes, there could be instances where the MRO would not have to wait the 5 business days to report the information, for example:

o The prescribing physician speaks with the MRO before 5 business days have elapsed and the significant safety risk remains unresolved.

o The employee expressly declines to have his/her prescribing physician speak with the MRO.

• If, during the verification interview, the MRO learns of a medical condition or diagnosis that is likely to result in the employee’s being medically unqualified under a DOT agency regulation (e.g, FAA, FMCSA, USCG), the MRO must report that information under the procedures in § 40.327. The 5-day pause provision in § 40.135(e) is inapplicable.

Got Chains? 

If you are operating in state that require chains to be on board, make sure the chains are the correct size, properly secured, clean, and not broken as to be easily applied when necessary. 

Not sure what your states chain laws are go to:

http://www.tirechainsrequired.com/laws.html

Do You Have Other Employees That You Want to Receive the Idealease Weekly Safety Bulletin?

Are you looking for topics for an upcoming safety meeting?

Go to the following website to register your employees for the safety bulletin as well as view the archives of past bulletins:

www.idealease.com/safety-bulletins

*The Idealease Safety Bulletin is provided for Idealease locations and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.