The driver you know

by Laura Card

Best practices for drivers regarding accident prevention and accident management

NASHVILLE—It can be an operator’s greatest fear: receiving the dreaded phone call notifying them that one of their motorcoaches has been involved in an accident. The best response begins before the accident with driver training, but what happens immediately afterward will also play a role in fault determination, operators learned during an education session at Motorcoach EXPO.

Bus and motorcoach operators should be aware that, when an accident happens, their company can be targeted by insurance claims and litigation even when their driver isn’t at fault. Driver training, initial damage control and document preservation are all crucial to minimizing organizational vulnerability after an accident.

In the case of an accident, successful handling of the aftermath depends on your driver’s actions and decisions at the scene. What your driver says and does in the moments after an accident will affect how the accident is determined and who is found to be at fault.

Following an accident, drivers should “stay calm, and assess the scene,” said Earl Houston, director at Martin Tate, a Memphis-based law firm with experience handling bus and motorcoach accident litigation. Drivers should “take a deep breath and remember that they’re a professional. Remember that they’re probably the only professional on the scene—they’re a commercial driver.”

The first thing to do, said Houston, is “immediately call 911. The reason that’s important is that it comes up a lot in litigation: how long did it take the driver at a serious accident to dial 911? Did they call their manager or the owner of the company and/or their dispatch first? What did they think was more important?” Prioritizing the safety and wellbeing of passengers by immediately contacting authorities is always the appropriate response.

All 911 calls are recorded, and drivers should be very deliberate about what is said to the dispatcher. The basics of communication should include stating that there has been an accident, requesting police and requesting an ambulance. Under no circumstances should the driver make any admission, admit or deny fault, apologize or say that they do not know what happened.

After notifying authorities, the best rule is that drivers should not talk to anyone unless asked a question by the police. Drivers should ensure all passengers are ok, but in doing so drivers should avoid making any negative statements about the company or the mechanical aspects of the motorcoach.

When dealing with passengers, “Maintain professional composure,” Houston said. Passengers will remember anything and everything negative said about the company or about how the company operates. Anything said to paint the company in a positive light can be useful in reinforcing the trustworthiness of your business.

Once authorities have been notified, drivers should document the scene of the accident. Drivers should take photos of the motorcoach and any other involved vehicles, and the more photos the better. If the bus or motorcoach has any cameras, preserve the footage and don’t allow the film to loop and record over the evidence. Houston said most information from an accident scene that isn’t documented or preserved within 72 hours is lost.

Keeping drivers refreshed on defensive driving standards helps to prevent accidents, and regular reviews of post-accident procedures will help further safeguard your organization in the event of an accident.

“It’s very important to make sure that at least quarterly or annually–I say at least twice a year–that you review (safety procedures) with your drivers, and you have set safety guidelines,” said Houston. “If you are ever unfortunately involved in an accident, it helps the defense counsel to form their case.”

The best approach to handling accidents is, of course, always prevention. Houston offers these common-sense tips for defensive driving:

  • Check mirrors – always be aware of your surroundings
  • Light it up – headlights and brake lights communicate action to other drivers
  • Play it safe – when in doubt, slow down
  • Keep your eyes on the prize – never drive distracted

 

Share this post