TAB #1 Accident Management Overview Accident Definitions FMCSR Applications to CMV Operators
Our focus in this class will be on… • Preparation & Response • Indentifying and Interpretation “H-V-E” Information • Recording of information • Determining Speed
The need to investigate and document all traffic crashes • Determine what happened • Determine how the crash happened • Develop data to protect the the driver, employees and the company in the case of a claim, criminal case or in litigation • Use 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?
Personnel Resources - Corporate • Administration • Human Resources • Safety Department • Maintenance • Dispatch • Legal Department • Risk Management • Driver
Personnel Resources – Outsourcing • Traffic Accident Reconstructionist (ACTAR) • Insurance claims personnel • Environmental and load clean-up • Haz-mat clean-up specialists • Legal representatives • Towing and maintenance/repair shops • Equipment leasing company or an owner operator leased to the company
Law Enforcement Investigations: • Comply with state statutes requiring the reporting of all traffic accidents • Assist the injured & provide EMS-Fire • Determine criminal negligence for the traffic crash (state or local charges) • Open the highway to resume traffic movement • Utilize different definitions for accidents
U. S. DOT & Federal Motor Carrier Safety Regulations Section 390.5
FMCSR – Title 49, C.F.R., Part 390 • An Occurrence • Commercial Motor Vehicle • Operating • Highway • Interstate/intrastate
Title 49, C.F.R., Part 390, cont. • Fatality • Bodily Injury • Immediate medical attention • Away 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.
Snow Ice Sleet Fog Mist Rain Dust Smoke