fundamentals of accident investigation nelson teran regional safety manager, eastern region revision...

Fundamentals of Accident Investigation

Nelson Teran Regional Safety Manager, Eastern Region

Revision Date: 10/2012

Accident Investigation

Notification Responding Arriving at the Scene

Accessing Damage

Injuries Gathering Information

Photos Getting Service Restored

Completing Report

Motor Vehicle Accident (MVA) Definition

An MVA is a vehicle accident that results in death, bodily injury,property damage, or physical damage, regardless of nature,extend or dollar amount (i.e. $1.00 or more) of injury or damage.

• Collision with another vehicle• Collision with a fixed object• Undercarriage collision• Non-collision (overturning the vehicle, running off road)• Roll-away collision• Passenger injury due to movement of the vehicle• Collision during loading and unloading

The CallDetermine what happened and exact location.Are there passengers aboard?Is anyone injured? Are vehicles blocking traffic?Determine the extent of damage.Dispatch notifies appropriate emergency responders. (Police, fire, EMS)Appropriate organizational notifications are made.Designated Keolis supervisors/managers go to the accident scene.

Critical Incident Notification

Does incident qualify as “Critical”? (see Section 5.2.13 of the Policy & Procedure manual)If YES, then Terminal Manager Notifies SVP of Operations and Region Director of Safety.If there is media involvement, GM must notify Dwight Brashear, Executive Vice President Business Development:

Office: (310) 981-9500, ext. 180Cellular: (310) 497-0506

Arriving at the Scene

Assess the accident scene to get overall knowledge of what is occurring

Supervisor

ARE TRAFFIC CONTROL DEVICES IN PLACE

PLACE YOUR VEHICLE IN POSITION TO MOST EFFECTIVELY WARN AND DETOUR TRAFFIC AROUND THE ACCIDENT

Arriving at the Scene (cont.)

SafetySET YOUR EMERGENCY LIGHTS ON

PUT YOUR VEST ON

Introduce Yourself

Arriving at the Scene (cont.)

Check on the driver’s condition. If the driver is uninjured, have them assemble a passenger list.Check on the passengers’ condition. Ask “Is everyone alright?” Never ask “Is anyone hurt?”Check on the other vehicle occupants.Begin photographing the scene. Start in close, then work your way out.

Photograph The Scene From All Angles 360-Degrees

Arriving at the Scene (cont.)

Photograph all four sides of all vehicles involved.Photograph license plate and inspection stickers.Photograph the point of impact as well as the final resting place(s) of the vehicles.As you work your way back from the scene, be sure to photograph any traffic control devices, stop signs and speed limit signs.Attempt to photograph all drivers perspectives as they approached the point of impact.

PHOTOS OF V1

IMPACT AREA V1

PHOTOS OF V2

1. THE PLATE NUMBER OF V22. THE IMPACT AREA OF V23. PHOTO ANY OLD DAMAGE ON V2

LANE POSITIONS

V2

V1

STREET SIGNS - STREET ADDRESS

Las Olas Blvd US 1

1525

SKID MARKS - PHOTOS AND MEASURE

120 FT

122 FT

PHOTOS PEOPLE/PROPERTY DAMAGED AT THE SCENE - USE YOUR ON DISCRETION

INJURED PAX

PASSENGERS IN V1

PEOPLE ON THE STREET

PASSENGERS IN V2

Drawing Diagrams

Label vehiclesLabel streets by name.Note direction of travel.Indicate number of lanes.Include a compassNote the type of street.

Mark all traffic controlsDraw all fixed objectsDraw debrisNote:

Point of contactPoint of impactPoint of restSkid marks

OV1

IV1

ST

OP

ST

OP

Bristo

l St.

6th St.

15’

11’

11’

11’

12’

20

’2

0’

Broken White Lines

Broken Yellow Lines

Solid Yellow Lines

Solid White Line

Point of Impact

X

Not to Scale

North

Gathering Information

Obtain information from other operator(s). (name, address, license, insurance carrier)Obtain witness statements, if available.Interact with law enforcement and emergency responders – be cooperative.Determine where any injured parties were transported. Does the accident meet the criteria for a D&A test??

DOT Definition of Accident

An occurrence associated with the operation of a CMV resulting in:

Human fatalityBodily injury requiring immediate medical treatment away from the scene.Disabling damage to any motor vehicle requiring tow away.

When to Test?

Whenever there is a human fatalityWhen a non-fatal accident meets the DOT definition of “accident,” unless the employee can be completely discounted as a contributing factor to the accident.The operator of the CMV or any other covered employee whose performance could be contributed to the accident.

Time Requirement for Testing

Alcohol - test as soon as possibleIf not tested within 2 hours following the accident, document reason for delay, and continue to attempt to test.If not tested within 8 hours, cease all attempts and document reason for failure to test.

Drugs – test as soon as possible, but within 32 hours of the accident.

If not tested within 32 hours, cease all attempts and document reason for failure to test.

Accident Report

The accident report should be completed by the driver as soon as possible. If the driver is unable to complete the report, a supervisor should assist the driver. (Driver must sign the report)The accident diagram must be detailed.The driver’s statement must be complete and concise. Review the report for completeness.Forward the Supervisors Investigator report. File the report in an accident file in sequence by date.

All Accidents Are To Be Reported To:

Auto LiabilityNational Interstate

3250 Interstate DriveRichfield, Ohio 44286-900

By Phone: 866- 294-8264      

By Fax: 877-303-3832

By E-mail: newclaims@natl.com

For Serious or Catastrophic Cases:

800-929-0870 (24/7)

Workers’ Comp

Liberty Mutual Insurance Company

P.O. Box 31204Tampa, FL 33631

By Phone: 800-281-1120      

General Fax: 603-334-0221

First Report Fax: 800-329-3297

1. Ensure entire accident report form is accurate and complete.

2. Ensure all other pertinent documents concerning the accident are gathered and sent to the insurance carrier.

3. Fax or email the accident report and all other applicable documents within 24 hours of becoming aware of the accident.

4. Refer all calls from claimants or their attorneys to the adjuster handling the claim. Do not comment on liability or other aspects of the incident.

Accident / Claims Reporting

It is not the duty or responsibility of any Keolis personnel to determine liability, only to report the facts surrounding the accident.

Statements concerning liability or preventability are not to be made on the accident report form.

Important claims reporting guidelines:

1. Photographs.2. Other party’s insurance information.3. Other party’s driver’s license & plate number.4. Other party’s home and business telephone numbers.5. Names of witnesses as well as contact information.6. Name of police officer and department .7. Names of all first responders if possible.

Please refrain from using cell phones to shoot pictures !!!

Some vitally important information that should be secured at the scene:

1. Vehicles @ point of impact.2. Shots of approach views @ varying distances.3. Use a common point of reference.4. Photos of visible damage to vehicles and property.5. Shots of skid marks.6. Pictures of debris. 7. Photos of traffic controls & signals.

Some critical shots that can make or break the ultimate outcome!!!!

1. Pictures of other vehicles & license plates @ the scene.2. Shots of by-standers & possible witnesses.3. Shots of inside the vehicles.4. Pictures of surveillance cameras in close proximity.

Some critical shots that can make or break the ultimate outcome!!!!

1. Date of accident.2. Vehicle number.3. Location number.4. Driver and other party’s name.5. Name of person who took the photos.

Please properly identify all photos as follows:

Determining Preventability

The Basic Question – “Did our driver do everything reasonably possible to avoid the accident?”If the answer is “YES”, then the accident is considered “Non-Preventable”.If the answer is “NO”, then the accident is deemed “Preventable”.

NEVER indicate Preventability on the accident report or related documents.

Re-Training

Re-training must always be presented as beneficial to the driver.The purpose of re-training is to correct operator deficiencies and enhance the driver’s skills.The intended outcome is a safer and more proficient driver. Re-training must never be represented as part of the disciplinary process.

Re-Training (Cont.)

Post accident re-training must be of a duration sufficient to measure the drivers competency.The re-training must focus on the causation factors of the accident. An evaluation form must be completed by the trainer as documentation of the re-training. Post accident re-training must be completed before the driver returns to service.