National Safety Council Criteria for Determining Preventable Accidents
Intersections
It is the responsibility of professional drivers to approach, enter, and cross intersections prepared to avoid accidents that might occur through the action of other drivers. Complex traffic movement, blind intersections, or failure of the other driver to conform to law or traffic control devices will not automatically discharge an accident as “non-preventable.” Intersection accidents are preventable even though the professional driver has not violated traffic regulations. His/her failure to take precautionary measures prior to entering the intersection are factors to be studied in a decision. When a professional driver crosses an intersection and the obvious actions of the “other driver” indicates possible involvement either by reason of his/her excess speed, crossing his/her lane in turning, or coming from behind a blind spot, the decision based on such entrapment should be PREVENTABLE.
Backing
Practically all backing accidents are preventable. A driver is not relieved of his/her responsibility to back safely when a guide is involved in the maneuver. A guide cannot control the movement of the vehicle, therefore, a driver must check all clearances for him/herself.
Front End Collisions
Regardless of the abrupt or unexpected stop of the vehicle ahead, your driver can prevent accidents by maintaining a safe following distance at all times. This includes being prepared for possible obstructions on the highway, either in plain view or hidden by the crest of a hill or the curve of a roadway. Over driving headlights at night is a common cause of front-end collisions. Night speed should not be greater than that which will permit the vehicle to come to a stop within the forward distance illuminated by the vehicle’s headlights.
Rear End Collisions
Investigation will often disclose the driver risked being struck from behind by failing to maintain a margin of safety in his/her own following distance. Rear end collisions preceded by a roll back, an abrupt stop at a grade crossing, when a traffic signal changes, or when your driver fails to signal a turn at an intersections should be charged preventable. Failure to signal intentions or to slow down gradually should be considered preventable.
Passing
Failure to pass safely indicates faulty judgment and the possible failure to consider one or more of the important factors a driver must observe before attempting the maneuver. Unusual actions of the driver being passed or of oncoming traffic might appear to exonerate a driver involved in a passing accident, however, the entire passing maneuver is voluntary and the driver’s responsibility.
Being Passed
Sideswipes and cut offs involving a professional driver while s/he is being passed are preventable when s/he fails to yield to the passing vehicle by slowing down or moving to the right where possible.
Lane Encroachment
A safe driver is rarely a victim of entrapment by another driver when changing lanes. Similarly, entrapment in merging traffic is an indication of unwillingness to yield to other vehicles or to wait for a break in traffic.
Blind spots are not valid excuses for lane encroachment accidents. Drivers must make extra allowances to protect themselves in areas of limited sight distance.
Squeeze plays causing involvement with parked cars, pillars, and other road structures can be prevented by dropping back when it is apparent that the other driver is forcing the issue or contesting a common portion of the road.
Grade Crossing
Collisions with fixed rail vehicles, such as trains, street cars, etc., occurring at grade crossings, in traffic, in a rail yard, switch area, or on private property are the responsibility of the professional driver to prevent. When a vehicle is parked across a rail siding, the driver must first determine if it is safe and permissible and, furthermore, must stand by in case conditions change by the movement of rail cars during the parking interval.
Opposing Vehicles
It is extremely important to check the action of the company driver when involved in a head on or sideswipe accident with a vehicle approaching from the opposite direction. Exact location of vehicles, prior to and at the point of impact, must be carefully verified. Even though an opposing vehicle enters your driver’s traffic lane, it may be possible for your driver to avoid the collision. For example, if the opposing vehicle was in a passing maneuver and your driver failed to slow down, stop, or move to the right to allow the vehicle to re-enter his own lane, he has failed to take action to prevent the occurrence. Failing to signal the opposing driver by flicking the headlight, or sounding the horn should also be taken into account.
Turning
Turning movements, like passing maneuvers, require the most exacting care by a professional driver. Squeeze plays at left or right turns involving other vehicles, scooters, bicycles, or pedestrians are the responsibility of the driver making the turn. Failure to signal, to properly position the vehicle for the turn, to check the rearview mirrors, to check pedestrian lanes, or to take any other defensive action should be considered. Sudden turns by other drivers should be carefully examined. You may find that your driver failed to take precautionary action from tip-offs from the other vehicle immediately preceding the incident. U-turns by your driver which result in a collision are preventable.
PASSENGER ACCIDENTS
Passenger accidents in any type of vehicle are preventable when they are caused by faulty operation of the vehicle. Even though the incident did not involve a collision of the vehicle it must be considered preventable when your driver stops, turns, or accelerates abruptly. Emergency action by the company driver to avoid a collision which results in passenger injury should be checked to determine if proper driving prior to the emergency would have eliminated the need for the evasive maneuver.
Pedestrians
Traffic regulations and court decisions generally favor the pedestrian hit by a moving vehicle. An unusual route of a pedestrian at mid-block or from between parked vehicles does not necessarily relieve a driver from taking precautions to prevent such accidents. Whether speed limits are posted or the area is placarded with warning signs, speed too fast for conditions may be involved. School zones, residential streets, and other areas with special pedestrian traffic must be travelled at reduced speeds equal to the particular situation. Bicycles, motor scooters, and similar equipment are generally operated by young and inexperienced operators. The driver who fails to reduce his speed when this type of equipment is operated within his sight distance, has failed to take the necessary precaution to prevent an accident. Keeping within posted speed limits is not taking the proper precautions when unusual conditions call for voluntary reduction of speed.
Weather
Adverse weather conditions are not a valid excuse for being involved in any accident. Rain, snow, fog, sleet, or an icy pavement have never caused an accident. These conditions merely increase the hazards of driving. Failure to adjust driving to the prevailing weather conditions, or to “call it a day” when necessary, should be cause for deciding an accident preventable. Failure to use safety devices such as skid chains, sanders, etc., provided by the company, should be cause for a preventable decision when it is reasonable to expect the driver to use such devices.
Alleys, Driveways, and Plant Entrances
Accidents involving traffic originating from alleys, driveways, plant entrances, and other special intersections and locations should be carefully analyzed to determine what measures the professional driver might have taken to avoid the occurrence. Failure to slow down, sound a warning, or to yield to the other driver can be considered cause to judge such an accident preventable.
Fixed Objects
Collisions with fixed objects are preventable. They usually involve failure to check or properly judge clearances. New routes, strange delivery points, resurfaced pavements under viaducts, inclined entrances to docks, marquees projecting over traveled section of road, and similar situations are not, in themselves, valid reasons for excusing a driver being involved. S/he must be constantly on the lookout for such conditions to avoid accidents in which he/she are involved.
Private Property
When a driver is expected to make deliveries at unusual locations, construction sites, etc., or on driveways not built to support heavy commercial vehicles it is his/her responsibility to discuss the operation with the proper authorities and to obtain permission prior to entering the area.
Parking
Unconventional parking locations, including double parking, failure to put out warning devices, etc., generally constitute evidence for judging an accident preventable.
Roll-away accidents from a parked position normally should be classified preventable. This includes unauthorized entry into an unlocked and unattended vehicle, failure to properly block wheels or to turn wheels toward the curb to prevent vehicle movement.
Mechanical Failure
Any accident caused by mechanical failure that reasonably could have been detected by the driver, but went unheeded, should be judged preventable. It is the driver’s responsibility to report unsafe vehicle conditions for repairs and to obtain immediate repairs where continued operation might result in an accident. When mechanical difficulties occur unexpectedly during a trip and a driver, upon discovery, fails to check with his company for emergency instructions prior to an accident, the accident is preventable.
An accident caused by mechanical failure that results from abusive driving should be considered preventable.
Non-Collision
Many accidents, such as overturning, jack knifing, or running off the road may result from emergency action taken by the driver to prevent being involved in a collision. Examination of his/her driving practices prior to the incident may reveal speed too fast for conditions. The company driver’s actions prior to involvement should be examined for possible errors to lack of defensive driving practices.
Miscellaneous
Projecting loads, loose objects falling from vehicle, loose tarpaulins, or chains, doors swinging open, etc., resulting in damage to the vehicle, cargo or other property are preventable when the driver’’ action or failure to secure them are evidenced. Cargo damage, resulting from unsafe vehicle operation is preventable by driver.
It is impossible to describe in detail the many ways a driver might prevent an accident without being primarily or legally responsible. The paragraphs of this guide merely highlight the most frequent occurrences based on past decisions of Accident Review Committees.
The following definition of Defensive Driving should be applied to all accidents involving your drivers:
A Defensive Driver is one who commits no driving errors and makes allowances for the lack of skill or improper driving practice of the other driver. A defensive driver adjusts his/her own driving to compensate for unusual weather, road and traffic conditions, and is not tricked into an accident by the unsafe actions of pedestrians and other drivers. By being alert to accident producing situations s/he recognizes the need for preventive action in advance and takes the necessary precaution to prevent the accident. As a defensive driver s/he knows when it is necessary to slow down, stop or yield his/her right of way to avoid involvement.
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