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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