PayneWest Blog

Are your drivers prepared for a crash investigation?

Truck-car crashes happen every day. According to the American Trucking Association and FMCSA, in 80-85% of cases the passenger vehicle driver is at fault. But proving that is not always so simple. The driver behind the 5-ton-plus semi-truck is often an easy target to point blame. Ensuring professional drivers are properly prepared for a crash investigation is vital to managing a fleet’s risk and avoiding a difficult verdict or settlement.

 

Crash investigation checklist

First steps

  • Clear the road and safely remain on scene
  • Know what to do in the case of severe injury
  • Establish how to report the crash and where to submit it

Dealing with law enforcement

  • Keep calm and focus on facts
  • Answer questions without sharing opinions or admitting fault

Be a good information gatherer

  • Know what photos/angles are best
  • What conditions (weather, road, speed, vehicles, other factors) need to be reported?

Company resources

  • Who is your after hours contact for holidays or the middle of the night?
  • Identify your company's media spokesperson to funnel inquiries through them
    • Are drivers media trained?

Training

  • Do you conduct initial crash investigation training?
  • How often is training refreshed to reflect best practices and new technology?

Insurance provider

  • Does your provider conduct risk audits?
  • Ask your provider if they're available to assist with training

 

In lawsuits concerning truck-car crashes, plaintiffs’ attorneys often wait to file until the state statute of limitations is nearing. In most states, the civil court statute of limitations is two or three years. By waiting, these attorneys are counting on memory loss and lost facts about the crash to give them the advantage. For a motor carrier’s defense, what’s reported and logged in the 24-hour window after a crash when the investigation is most active is crucial years later if a lawsuit is filed.

In a truck-car crash where all facts pointed fault at the passenger vehicle driver, the plaintiff’s attorney successfully argued the fault was on the professional driver using this quote from the professional driver’s statement in a law
enforcement report. The case resulted in a $3.5 million settlement. Words matter and making sure your drivers know what to say and how to articulate the facts of a crash in a stressful situation is important.

 

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This content is for informational purposes only.  Consult your actual insurance policy for details regarding terms, conditions, coverage, and exclusions.

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