TAB #1 Accident Management Overview Accident Definitions FMCSR Applications to CMV Operators.

TAB #1

Accident Management Overview Accident Definitions

FMCSR Applications to CMV Operators

Now is not the time to wonder…..

…what are we going to do???

Our focus in this class will be on…

Preparation & ResponseIndentifying and Interpretation “H-V-E” InformationRecording of informationDetermining Speed

The need to investigate and document all traffic crashes

Determine what happenedDetermine how the crash happenedDevelop data to protect the the driver, employees and the company in the case of a claim, criminal case or in litigationUse the information to prevent further traffic crashes

Decisions…

Are we going to respond?Who is going to respond?When are they going to the scene?Can someone else get the information?

What are we going to lose if we don’t go?

Personnel Resources - Corporate

AdministrationHuman ResourcesSafety DepartmentMaintenanceDispatchLegal DepartmentRisk ManagementDriver

Personnel Resources – Outsourcing

Traffic Accident Reconstructionist (ACTAR)Insurance claims personnelEnvironmental and load clean-upHaz-mat clean-up specialistsLegal representativesTowing and maintenance/repair shopsEquipment leasing company or an owner operator leased to the company

Don’t assume that the police will get all the information you need.

Law Enforcement Investigations:

Comply with state statutes requiring the reporting of all traffic accidentsAssist the injured & provide EMS-FireDetermine criminal negligence for the traffic crash (state or local charges)Open the highway to resume traffic movementUtilize different definitions for accidents

Preparation Prevents Problems…

U. S. DOT & Federal Motor Carrier Safety Regulations

Section 390.5

FMCSR – Title 49, C.F.R., Part 390

An OccurrenceCommercial Motor VehicleOperatingHighwayInterstate/intrastate

Title 49, C.F.R., Part 390, cont.

FatalityBodily InjuryImmediate medical attentionAway from accident scene

Highway – State Definitions

Colorado, Montana, Wyoming- “Entire width between the boundary lines of every way publicly maintained…open to the use of the public for purposes of vehicular travel…”

New York- “ A highway means a highway, road, street, alley, avenue, thoroughfare, bridge, or public driveway which is open to the public and publicly maintained, whether by the state, a subsidiary or public authority.”

Highway-Federal Definition

49 CFR 390.5

Private Property

(Resort, Hotel, Retail)

Public Property

U. S. DOT & Federal Motor Carrier Safety Regulations

Section 392.14

Hazardous Conditions; Extreme Caution

“Extreme caution in the operation of a CMV shall be exercised when hazardous conditions…...adversely affect visibility or traction.

SnowIceSleetFogMistRainDustSmoke

Conditions warned by traffic controls