Issue link: https://read.dmtmag.com/i/147778
Trucking Law 101 by Jim C. Klepper - Attorney at Law 800-333-DRIVE www.interstatetrucker.com www.driverslegalplan.com Who is at Fault in an Accident? I receive a lot of questions regarding "Fault" in accidents. Determining who is at fault is the job of the Judge or jury since it is determined by the facts of the case. Your job, if you are involved in an accident, is to collect as many facts as you can immediately after the accident, while you still remember everything. Truck drivers are very fortunate to have an extensive support group in their carrier's safety department when it comes to accidents. The first thing a driver should do in any accident is to check on the other driver(s) to see if they need help and to call 911 to report the accident. The very next thing is to call your safety department and report the accident. Every carrier should have specific written steps they want their driver to take when involved in an accident. Reporting the accident to the safety department allows the carrier to begin the accident process which will include contacting law enforcement and/or hazardous materials reaction teams. This also allows them to dispatch adjusters or attorneys to the scene to secure evidence, speak with witnesses, secure the vehicle and cargo, assist the driver with his drug/alcohol accident test, as well as ensure every injured person is medically treated. A lot happens very quickly after an accident. The first and foremost action required is treating the injured and then 8 trucking law 0813.indd 1 securing the scene. Law enforcement is also very concerned with reopening the highway to normal traffic. In their rush to reopen the highway, they may disturb, destroy, or impound evidence you or your carrier may need to defend yourself. Fluids evaporate; debris is blown or washed away; the road may need to be repaired; and any of these things may just eliminate your evidence. How would you like to sit in jail because the evidence needed to prove the accident was not your fault was lost because no one was there to protect and collect it? How can you help protect yourself when you are involved in an accident? First of all follow every step set by your safety department. You can also take photos with a camera or your phone of every vehicle involved specifically showing the area of impact and any damage; where the vehicles stopped after the impact; any individuals impacted by the collision; and, photos of the tags of any cars that stopped to assist. Remember, you will want information about tire marks, any gouges in the pavement or damages to guardrails, areas of debris which may show the impact point, signs, etc… to help you prove your side of the story. Make sure you tell the safety department/ adjuster EVERYTHING that happened before, during and after the accident. After you have described something, ask them www.studentdriverplacement.com August '13 7/19/13 10:00 AM