I receive a lot of questions regarding “fault” in accidents. Determining who is at fault is the job of the judge or jury, since it is determined by the facts of the case. If involved in an accident, your job is to collect as many facts as possible immediately after the accident while you still remember everything.
Company drivers are very fortunate to have an extensive support group in their carrier’s safety department when it comes to accidents. The first thing a driver should do in any accident is to check on the other driver(s) to see if they need help and to call 911 to report the accident. The very next thing to do is to call your safety department and report the accident (if you are a company driver). Every carrier should have specific written steps they want their driver to take when involved in an accident.
Reporting the accident to the safety department allows the carrier to begin the accident process, which will include contacting law enforcement and/or hazardous materials reaction teams. This also allows them to dispatch adjusters or attorneys to the scene to secure evidence, speak with witnesses, secure the vehicle and cargo, assist the driver with his drug/alcohol accident test, as well as ensure every injured person is medically treated.
A lot happens very quickly after an accident. The first and foremost action required is treating the injured and then securing the scene. Law enforcement is also very concerned with reopening the highway to normal traffic. In their rush to reopen the highway, they may disturb, destroy, or impound evidence you or your carrier may need to defend yourself. Fluids evaporate; debris is blown or washed away; and the road may need to be repaired. Any of these things may just eliminate your evidence. Sometimes the evidence needed to prove an accident was not your fault is lost because no one is there to protect and collect it.
What can you do to help protect yourself when involved in an accident?
- First of all, if you are a company driver, follow every step set by your safety department.
- Take photos with a camera or your phone of every vehicle involved, specifically showing the area of impact and any damage; where the vehicles stopped after the impact; any individuals impacted by the collision; and photos of the tags of any cars that stopped to assist.
- Gather information and photos of tire marks, any gouges in the pavement or damages to guardrails, areas of debris which may show the impact point, signs, etc… to help defend your side of the story.
- Take a photo pointing North, Northeast, East, Southeast, South, etc. until you have completed the circle, which will show everything where you are standing. These types of photos allow you to take in the hills and valleys, intersections, stop signs, stop lights, warning lights, etc.
- Just about everyone has a smartphone now that can take photos and make videos. This means a smartphone may be making a video of you. Make yourself aware of possible videos/photos being taken and act accordingly. That means for legal reasons you should not say, “I’m sorry” or “It was my fault” and do not speak to any news organization at the scene. Admitting guilt or fault on video, or even describing what happened, that may later be disproved by the facts will not help your defense. Limit discussions to your safety department, your adjustor, and law enforcement. Get on the phone with your company and stay there until they tell you otherwise.
- Tell the safety department/adjuster everything that happened before, during, and after the accident. After you have described something, ask them to read it back to you to make sure they are accurately writing down your statements.
A word of caution: They say a picture is worth a thousand words. Nothing can replace a photo of the accident scene to show how it was at the time of the incident. Photos show the weather; daylight; road conditions; damage to vehicles, roads and people; really just about everything at the scene. My advice is not to take photos of dead bodies or bleeding/ injured people. Those types of photos never end up helping you because their emotional impact is greater than their factual impact. You can say Joe is dead (fact), but if you show me a photo of Joe’s body it has a much greater impact (emotion). This is why plaintiff attorneys use blown up photos of injured people to the jury; they want the emotional impact the facts alone will not provoke.
Any accident is a big deal for a truck driver. The accident puts your job, career and CDL on the line. CDL truck drivers are professional drivers and any jury will hold you to a higher standard because you drive everyday for a living. To protect yourself in an emotional situation on the side of the road, speak only with your safety department and law enforcement after you have assisted the other driver(s) and called 911.