One-way westbound multi-lane road, downtown Chicago, 10 a.m. Box truck driver John Doe hugs the far left lane, seeing barriers ahead with road construction on the right lanes. An impatient driver of a sweet 1968 Camaro suddenly accelerates around him on the right, hoping to merge ahead of him before reaching the construction barriers.
That's the scene at the start of the video above, part of Overdrive sister publication CCJ's "Preventable or not?" series. There, you'll see the Camaro's driver, already wearing a neck brace after a recent previous accident and unable to effectively check clearances, try to squeak past and sideswipe the right front bumper of Doe's slow-moving truck.
While Doe felt he couldn't have anticipated the driver's maneuver, the Accident Review Committee of the National Safety Council was called in to render a final judgment.
Could the collision be anything other than nonpreventable on Doe's part? Watch the video to find out how NSC ruled.
[Related: Risk rear-end hit from a tailgater or destroy railroad signal arm? Trucker John Doe's choice]
Owner-operators and other carriers with authority can seek preventability reviews for an expanded set of DOT-recordable crashes through FMCSA's Crash Preventability Determination Program, including any crash for which video evidence shows the full sequence of the crash. 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. Overdrive's Partners in Business comprehensive guide to running a small trucking business includes this primer on when and how to request preventability reviews.
The 2024 Overdrive Radio podcast episode below outlined the case for such preventability reviews before the eligible crash types were finally expanded.
At 10 a.m. on a clear day, John Doe’s straight truck was westbound on a three lane, one-way road in Chicago. Since the highway department was repairing portions of the right lanes, Doe hugged the left lane and proceeded with caution at a slow speed, according to his statement.
A moment before the accident, the driver of a 1968 Chevy Camaro in the center lane saw the construction ahead and suddenly accelerated into the outside lane, attempting to squeak past Doe’s slow-moving truck.
Recently involved in a previous crash, the Camaro’s driver was wearing a neck brace and unable to turn her head to check clearances. Consequently, she sideswiped the right front bumper of Doe’s truck and further damaged the already dented left rear quarter panel of her vehicle.
In contrast, the only damage to Does’ truck was chipped paint on the right front fender.
Doe stated that anticipating the other driver’s split-second and irrational maneuver in time to avoid a collision was impossible. The Accident Review Committee of the National Safety Council disagreed, noting Doe should have sized up the situation an expected that the driver might either stop or veer into his lane. Doe should have been prepared to yield.
