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 & 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?

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

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

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 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

Preparation Prevents Problems…

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 Private Property (Resort, Hotel, Retail) Public Property

U. S. DOT & Federal Motor Carrier Safety Regulations Section

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

Conditions warned by traffic controls