Evasive maneuver in snow mangles trucker's bumper: Preventable?

Transcript

In the accident scenario presented in the above video installment in Overdrive sister publication CCJ's "Preventable or not?" series, a biblical amount of snow had laid on a thick coat of icy rutting along Rambler Road. Trucker John Doe was navigating it all slowly when he noticed the oncoming slide of an out-of-control dump truck, the driver losing grip and veering into Doe's lane. 

Doe slowed and moved about as far right as he could, hitting the massive snowbank just off the road and damaging the front right bumper. Disaster avoided, but for the bumper, yet Doe later received a preventable-accident warning from his fleet's safety department -- he appealed the preventable ruling to the National Safety Council's Accident Review Committee, who rendered a final judgment. Could it be anything other than nonpreventable? 

See how the NSC committee ruled in the video up top. 

[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. 

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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 it also in the playlist of the top podcasts of 2024 below. 


Find more information on the ins and outs of the DataQs system for challenging crashes and violations in Chapter 15 of the Overdrive/ATBS-coproduced "Partners in Business" book for new and established owner-operators, a comprehensive guide to running a small trucking business sponsored by the Rush Truck Centers dealer networkClick here to download the most recent edition of Partners in Business free of charge.

Transcript

Speaker 1: Two days earlier, Old Man Winter had dumped two feet of wet snow on two-lane Rambler Road, leaving icy ruts that made driving a challenge for trucker John Doe.

Driving his salt-spray-covered tractor slowly and cautiously, Doe witnessed the rapid approach of an elderly dump truck in the opposing traffic lane and… UH OH! The dump had hit a deep rut and was skidding on a collision course with Doe’s rig.

Reacting instantly, Doe spun his steering wheel hard right, causing his tractor trailer to swing off the road and gently impact a snow bank, thereby mangling the right side of his bumper. 

With vast relief, Doe watched as the out-of-control dump truck slid gracefully past. Aside from the bumper, Doe’s rig was unscathed. He regained his composure, pulled back onto the road and continued his run.

Later, Doe contested being charged with a preventable accident by his safety director. Asked to render a final decision, the National Safety Council’s Accident Review Committee ruled in Doe’s favor. NSC said he had avoided a collision by moving to the right, which was his only option.

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