Do You Have A Catastrophic Accident Plan In Place?

Every motor carrier strives to avoid a catastrophic accident, but the reality is, accidents happen. And when they do, you need to be ready. The key is to have an emergency response plan in place with trained professionals ready to respond.

At TCA’s June 26 audio conference presenters John Pion, an attorney with Dickie, McCamey, & Chilcote; Keith Dunlap, president of NTA, Inc., a third-party claims firm; Dave Hedgpeth, vice president, compliance and safety, FFE Transportation, Inc.; and Mike Connelly, chief safety officer, D.M. Bowman, provided details on how to prepare such a plan before catastrophic accidents occur and how to respond once they do.

First, what determines a catastrophic accident? Conference presenters offered the following criteria:

• A fatality occurred
• Two or more people have been taken away by ambulance or helicopter (it’s likely there will be a claim when more than one victim is involved)
• Vehicle has been impounded
• Driver is inebriated

Ready to Respond

Once you’ve determined that a catastrophic accident has occurred, you need to respond immediately, or as soon as it is feasible. The lack of a timely response can hamper your investigation and cause you to lose valuable information needed for your defense. Critical to the success of your plan is a professionally trained response team that is flexible and available 24 hours a day.

Your team should include the following:

• Experienced trucking defense attorneys
• Insurance adjusters
• Accident reconstructionists
• Safety department representatives

Be sure that both your employees and vendors who work with you are well trained by reviewing your plan with them in advance. Plan for that midnight or 2 a.m. call by reviewing with your insurance carrier the procedure for after-hours calls. Obtain a cell phone number or some other way to reach your defense lawyer after hours. Ensure that the adjusters are trained in what to look for at the scene and how to protect your interests. In other words, they need to know their way around a trucking accident. The dispatcher, or whoever is online to handle the truck driver’s call, must be trained to give the driver specific directions in an emergency. Your driver needs to know that he or she should survey the scene for important information, check on other people involved, and, most important, not discuss the accident with anyone except law enforcement.

A properly trained dispatcher can lead the driver through your response plan calmly and efficiently. The following are some questions the dispatcher should ask a driver involved in an accident:

• Are you injured?
• Were there any fatalities?
• Are there any injuries in other vehicles or to bystanders?
• How badly damaged is your unit? Is it drivable?
• What is the location of the accident? Be as specific as possible.
• What is the number you’re calling from? And is anyone else there we could speak to about the accident?
• What kind of load are you carrying? Is there any hazardous material involved?
• Has there been any damage to the cargo? Any spillage or leakage?

For further information, a detailed driver accident checklist was included with the conference handouts.

If the driver is facing criminal culpability (driver fell asleep, was intoxicated, or exhibited some other type of unacceptable behavior), then the driver should speak to no one and should assert his or her 5th amendment rights. If the driver is facing criminal charges, the motor carrier should seek legal counsel on how to proceed.

Once an investigation of the accident scene is completed, you should be able to determine your “game plan.” An ideal investigation will allow you to assess your situation quickly. Can you defend your case, or should you try to settle, and settle fast? What are your chances, given the evidence?

Document Retention

Accessing and retaining documents, such as DOT files, any disciplinary records on the driver, and anything that might be subpoenaed in court, is a critical aspect of the accident response plan. Conference presenters stressed that the motor carrier should retain important records beyond 180 days. And it is especially important to be consistent in whatever document retention procedures your company follows. You cannot choose when to use or not use a certain procedure, depending on whether it’s in your favor; otherwise, it will appear that you have something to hide. Even if certain documents seem to be adverse, it would be better to have a competent defense attorney explain them than to attempt to conceal them.

The appendices to the conference handouts offer a section on required documentation, including specific documents and items needed for the defendant driver, documents that the defendant motor carrier must produce for the tractor and trailer for a period of one month prior to the accident through one week after, and documents and items pertaining to the defendant motor carrier’s policies and programs. By analyzing that documentation early on in the process, you can expose any flaws or inconsistencies you may have in your defense and be better prepared. And, as our conference presenters stressed, being prepared can make all the difference between a catastrophic accident that is handled competently and one that spirals out of control.

To learn more about this important topic and get answers to specific questions carriers asked, order the tape through the TCA at (703) 838-8880 or by clicking here.