In the accident scenario presented in the above video installment in Overdrive sister publication CCJ's "Preventable or not?" series, trucker John Doe's backing maneuvers toward a dock at his delivery point are violently interrupted when a late-for-work waitress speeds into the dock area in her SUV.
An attempt to make time, speeding into the dock area as a shortcut to the employee parking lot, the waitress hit the brakes hard, sliding then into the immovable obstacle of trucker Doe's passenger-side fuel-tank fairing, denting the tank.
Doe's carrier employer deemed the incident preventable, yet Doe felt otherwise, contesting that judgment with the National Safety Council's Accident Review Committee, who rendered a final judgment. See where the NSC came down in the video.
[Related: FMCSA plows ahead with changes to Crash Preventability Determination Program]
Owner-operators and other carriers with authority can now seek preventability reviews for an expanded set of crashes on their record through FMCSA's Crash Preventability Determination Program, including any crash for which video evidence shows the full sequence of the crash. As previously noted, the process for requesting a review takes place through the FMCSA's DataQs system. Crashes deemed nonpreventable after a review are excluded from the Crash Indicator category ratings in the CSA Safety Measurement System.
Hear plenty in the way of advice around the importance of having clearly nonpreventable crashes reviewed in the federal program in this early-2024 edition of the Overdrive Radio podcast:
Find more in the "Preventable or Not?" series via this link.
Find more information on the ins and outs of the DataQs system for challenging crashes and violations in Chapter 15 of the updated Overdrive/ATBS-coproduced "Partners in Business" book for new and established owner-operators, a comprehensive guide to running a small trucking business sponsored for 2024 by the Rush Truck Centers dealer network. Click here to download the most recent edition of Partners in Business free of charge.
On the morning of the accident, truck driver John Doe was rolling along Friendly Road toward Greensboro, NC, en route to the Fiesta Fresh restaurant with several boxes of Mrs. Hotstuff’s chili con carne.
Approaching the trucks-only delivery entrance, Doe slowed to a crawl, cautiously entered the tiny dock area behind the restaurant and began a wide swing toward the right, at 5 mph, in anticipation of backing into the loading area.
Without warning, tragedy struck. A late-for-work waitress accelerated wildly into the gravel covered dock area in her Jeep Compass as a shortcut to the employee parking area. Suddenly aware that Doe was turning across her bow, she hit the brakes and started to slide. Simultaneously, Doe saw a flash of metal enter the yard and quickly stopped, but WHAMMO! The waitress’s car skidded into, and dented, Doe’s right side fairing.
Doe contested the preventable accident warning letter he received from his safety director. The National Safety Council ruled in Doe’s favor, noting that he had proceeded with caution and was stationary when struck by the speed crazed restaurant employee.
