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The Hartford, Preventability of Motor Vehicle Collisions

The document outlines the importance of preventability and defensive driving in fleet safety programs, emphasizing that drivers should be trained to avoid collisions by taking reasonable precautions. It defines preventable collisions and provides guidelines for assessing them, highlighting that preventability is not the same as legal liability. Additionally, it discusses the role of review boards in determining preventability and lists common types of preventable collisions, including those at intersections, while backing, and in adverse weather conditions.
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0% found this document useful (0 votes)
2 views9 pages

The Hartford, Preventability of Motor Vehicle Collisions

The document outlines the importance of preventability and defensive driving in fleet safety programs, emphasizing that drivers should be trained to avoid collisions by taking reasonable precautions. It defines preventable collisions and provides guidelines for assessing them, highlighting that preventability is not the same as legal liability. Additionally, it discusses the role of review boards in determining preventability and lists common types of preventable collisions, including those at intersections, while backing, and in adverse weather conditions.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

RISK ENGINEERING

TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

LEARN HOW YOUR DRIVERS CAN PREVENT COLLISIONS


WITH THESE TIPS FROM THE HARTFORD.

The concepts of preventability and defensive • The collision itself


driving are essential to the operation of a fleet • Post-collision events
safety program. A fleet safety supervisor must
diligently work to create awareness of not only the The standard which should be applied in
importance of preventability, but also the fleet and reviewing the collision is the concept of
defensive driving procedures involved. Providing collision preventability.
adequate training, as well as holding drivers
accountable for preventable collisions, will: WHAT IS A PREVENTABLE COLLISION
• Reduce the vehicle collision/ The National Safety Council, ([Link]) (NSC)
accident frequency has developed this brief definition:
• Improve the fleet operations and the • A preventable collision is one in which
company’s bottom line the driver failed to do everything that they
Management and fleet supervisors should reasonably could have done to avoid it.
establish standards for defensive driving in The National Safety Council’s Safe Driver Award
any type of fleet safety program. The overall Program defines a preventable collision as:
performance of the drivers should be evaluated
• Any accident involving an organizational
fairly and on a consistent basis. When a
vehicle that results in property damage and/
collision occurs, the following factors should
or personal injury – regardless of who was
be evaluated:
injured, what property was damaged, to what
• Events leading up to the collision extent, or where it occurred – in which the
• Driver error driver in question failed to exercise every
reasonable precaution to prevent it.
• Causes and responsible conditions

Prepare. Protect. Prevail.® continued


TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

REVIEWING COLLISIONS FOR


PREVENTABILITY PROMOTES
DEFENSIVE DRIVING
Defensive driving can be defined as driving to
prevent collisions in spite of the incorrect actions
of others and adverse driving conditions. These
include light, weather, road, traffic, vehicle condition
and your physical and mental state. With this as
the standard, it is normally true that when a driver
makes an error or fails to act reasonably as a
result of the errors of other drivers, the accident
is considered preventable.

THE RELATIONSHIP BETWEEN


The American Trucking Association, ([Link]) PREVENTABILITY AND DEFENSIVE DRIVING
(ATA) provides guidelines for determining
preventable accidents. In the book titled “Trucking There is often a relationship between preventability
Industry Guidelines for Recording Fleet Vehicle and defensive driving.
Accidents and Determining Preventability,” the
ATA defines it as follows: A Defensive Driver’s Profile
• The concept of preventability is based on the 1. Commits NO driving errors
premise that the professional driver is expected
2. Makes due allowance for lack of skill or improper
to meet a higher standard of performance than
driving practices of others
the average motorist. It is self-evident that the
professional driver should be able to: 3. Adjusts driving to compensate for unusual
weather, road and traffic conditions
~ O
 bserve and assess the behavior of pedestrians
and other drivers 4. Is not tricked into a collision by unsafe actions
of pedestrians or other drivers
~ R
 ecognize those actions that may create
hazardous conditions 5. Is alert to collision inducing situations
~ T
 ake every reasonable measure to avoid 6. Recognizes the need for preventative action
involvement in an accident in advance

In both definitions the issue is one that relates to 7. Takes necessary action to prevent a collision
defensive driving, not to legal culpability. The fact
that a driver, who becomes involved in a vehicle
collision, is not legally charged does not mean that
the driver could not have avoided it. When a fleet
operation moves from reviewing only collisions
where the driver has been charged to reviewing
all collisions for preventability, a significant step
forward has been made in controlling its overall
vehicle collision frequency.

2
TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

PREVENTABILITY IS NOT THE SAME WHO DETERMINES IF AN ACCIDENT


AS LEGAL LIABILITY WAS PREVENTABLE
When assessing whether a collision was In some companies, the fleet safety director, company
preventable, it is important to remember that the safety director, or a supervisor determines if a
concept of preventability is not the same as legal collision was preventable. In other cases, a Collision/
liability. A professional driver may have been able to Accident Review Board makes the decision.
prevent a collision from occurring, while at the same To fairly hold drivers accountable, they should be
time not be legally liable for causing the collision. trained in the concepts of preventability and in
Drivers sometimes have difficulty in understanding defensive driving. Drivers will not understand the
why their collision was preventable when the other process unless they understand why and how they
party was deemed at fault and cited with a traffic are to be held accountable. It must be explained
violation. The concept of defensive driving must be that most collisions result from driver error. The
explained in detail to newly hired drivers, and all key to the definition of preventability is the word
professional drivers need to be reminded that they “reasonable” because the driver could have stayed
are expected to make defensive driving a priority home, but a professional driver’s job is to drive, so
when they operate their vehicle. the concept of “reasonable” is applied.
Preventability is a common practice in many motor
vehicle fleets, and along with driver accountability ADVANTAGES OF A COLLISION/ACCIDENT
helps in reducing vehicle collision/accident REVIEW BOARD
frequency. It may also be used as the basis for Safe If management and the drivers want a more formal
Driver Award programs, safety incentives and other process for determining preventability, a Collision/
collision/accident prevention programs. Accident Review Board or Committee may be
created. These review boards are especially effective
DETERMINING PREVENTABILITY INVOLVES in deciding borderline cases. Consider the potential
MAKING A FAIR AND HONEST DECISION make-up of a committee:
A fair decision may only be reached when all the • Fleet Safety Supervisor or Safety Director – Serves
facts are uncovered and the collision’s complete as chairman and is fully trained in crash/accident
details are obtained. The preventability decision prevention, preventability and defensive driving
should be made on the basis of what the driver did • Operations or Transportation Supervisor –
or did not reasonably do to prevent or avoid the Is familiar with the operating rules, such as
collision. The issuance of a citation is an indication schedules, routes, hours of work, speed limits
that a collision may have been preventable. The lack and related subjects
of a violation or citation, however, does not make the
collision non-preventable. Rather, all the information • Maintenance Department Employee – Is familiar
and reports should be obtained and reviewed to with the mechanical abilities of the vehicles
determine whether the collision was preventable or • Two Drivers – Who have been trained and are
non-preventable. How this is done and who makes familiar with the concept of preventability
the decision varies from fleet to fleet. The fleet safety director, company safety director
or fleet supervisor should present the supervisor’s
investigation report and collision report information
to the members, and direct the board or committee
discussions. Advice should be given on preventative
measures, but they should not enter into the
discussions or decision of preventability other than
to clarify the facts of the collision or the case.

3
TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

PREVENTABLE COLLISIONS
Despite the fact that each collision must be judged individually, experience over the years in fleet safety has shown
certain types of collisions are preventable on the part of the driver. The National Safety Council’s booklet, “A Guide to
Determine Motor Vehicle Accident Preventability,” is available from [Link].
The National Safety Council has developed the following guidelines for preventing collisions.

Collisions at Intersections plain view or hidden by the crest of a hill or the curve
A professional driver has the responsibility to of a roadway. Over-driving headlights at night is a
approach, enter and cross intersections and common cause of front-end collisions. Night speed
be prepared to avoid collisions that might occur should not be greater than that which will permit the
because of the actions of other drivers. These vehicle to come to a stop within the forward distance
actions include: excess speeding, crossing a lane in illuminated by the vehicle’s headlights.
turning, and coming from behind a blind spot. Investigation often discloses that drivers risk
Complex traffic movement, blind intersections being struck from behind by failing to maintain a
and failure of other drivers to conform to law margin of safety in their own following distance.
or traffic control devices do not automatically The following rear-end collisions should be judged
discharge a collision as non-preventable. In fact, preventable:
most collisions at intersections are preventable • When preceded by a roll-back
even though the professional driver has not • An abrupt stop at a grade crossing
violated traffic regulations. The professional’s
failure to take precautionary measures prior to • When a traffic signal changes
entering the intersection is a factor in making a • When the driver fails to signal a turn at
preventable decision. Even though the actions an intersection
of the other driver indicated possible collision • When the driver fails to signal intentions or
involvement, the decision based on this type of to slow down gradually
entrapment should be preventable.

Collisions While Backing


Practically all collisions that occur while a vehicle
is backing should be ruled as preventable. A
professional driver is not relieved of responsibility
to back safely when another person acts as a
guide in the maneuver. A guide cannot control the
movement of the vehicle. Therefore, the driver must
continue to check all clearances.

Front-end Collisions
Regardless of the abrupt or unexpected stop of the
vehicle ahead, a professional driver can prevent
front-end collisions by maintaining a safe following
distance at all times. This includes being prepared
for possible obstructions on the highway, either in

4
TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

Collisions While Passing


The 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 maneuver. Unusual
actions of the driver being passed or of oncoming
traffic might appear to exonerate a driver involved
in a passing collision; however, the entire passing
maneuver is voluntary, and it’s the passing driver’s
responsibility.

Collisions While Being Passed


Sideswipes and cut-offs are preventable when the
professional driver fails to yield to the passing
vehicle by slowing down. If the professional fails
Collisions Involving Opposing Vehicles
to move to the right when possible, the collision is
also preventable. It is extremely important in this case for the
review committee to examine all the facts. This
Collisions Involving Lane Encroachment is especially true when a driver is involved in a
collision with a vehicle approaching from the
Professional drivers sometimes feel they have been
opposite direction. Such collisions may be head-
a victim of entrapment when a collision occurs as
on or sideswipe. Regardless of type, the safety
another driver changes lanes. However, a defensive
representative should verify the exact location
driver is rarely a victim of entrapment. Usually,
of vehicles prior to and at the point of impact.
in collisions involving lane encroachment, the
professional has failed to yield to the other driver. Even though an opposing vehicle enters the
driver’s traffic lane, it may be possible for the
Similarly, entrapment in merging traffic is an
driver to avoid the collision. In some cases,
indication of unwillingness to yield to other
the collision is preventable when the opposing
vehicles or to wait for a break in traffic. The driver
vehicle is in a passing maneuver, and your driver
must avoid squeeze plays, causing crashes with
fails to slow down, stop or move to the right to allow
parked cars, pillars and other road structures. The
the vehicle to re-enter its own lane. Failure to signal
driver can prevent such crashes by dropping back
the opposing driver by flicking the headlights,
when another driver forces the issue or contests a
or sounding the horn should also be taken into
common portion of the road. A blind spot is never
consideration.
a valid excuse for lane-encroachment collisions.
Drivers must make extra allowances to protect
themselves in areas of limited sight distances.

Collisions Occurring at Grade Crossings


Drivers are always responsible for preventing
collisions with fixed-rail vehicles, such as trains
and streetcars. The driver should be especially
alert at grade crossings, rail yards and switching
areas, as well as on private property.

5
TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

Collisions While Turning Collisions Involving Passengers


Turning movements – like passing maneuvers — Passenger incidents are preventable when they are
require exacting care on the part of the driver. caused by careless operation of the vehicle. It does
The driver making the turn is responsible for not matter what type of vehicle is involved, nor
preventing squeeze plays at both left and right whether another vehicle was involved. Incidents
turns. The driver may be responsible, regardless involving passengers are preventable when your
of whether the collision involved other vehicles, driver stops, turns or accelerates abruptly. The
scooters, bicycles or pedestrians. incident also may be preventable even though the
A U-turn that results in a collision is a preventable driver took emergency action to avoid a collision.
collision. Failure to properly position the vehicle Proper driving prior to the emergency might have
for the turn is a sign of error. So is failure to check eliminated the need for the evasive maneuver.
the rearview mirror and to check pedestrian
and traffic lanes. Drivers sometimes feel that Collisions Involving Pedestrians
collisions caused by sudden turns by others are Most court decisions generally rule in favor of any
not preventable. However, extra precaution must pedestrian hit by a moving vehicle. An unusual
be taken based on information received from the route of a pedestrian at mid-block or from between
driver of the other vehicle immediately preceding parked vehicles does not relieve a driver from
the incident. At the first sign of a sudden turn, your taking precautions to prevent such crashes. The
driver should take immediate defensive action. professional driver must:
Failure to take all appropriate defensive action • Slow down in any area where crashes are likely
indicates preventability. to involve pedestrians
• Adjust speed, whether or not signs indicate
lower speed limits or show other warnings (this
means slowing in school zones, shopping areas,
residential streets and other areas with special
pedestrian traffic)
The professional must take precautions in
areas where people are using bicycles, tricycles,
motor scooters and skateboards. People using
such equipment are often the young, elderly or
inexperienced. The driver who fails to reduce
speed when this type of equipment is operated
within sight-distance has failed to take the
necessary precautions to prevent a crash. Keeping
within posted speed limits is not taking the
proper precaution when unusual conditions call
for a voluntary reduction of speed.

6
TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

Collisions in Bad Weather Collisions Involving Private Property


Adverse weather conditions are not an excuse The professional driver has special responsibilities
for involvement in a collision. Rain, snow, fog, when entering private property. The driver
sleet and icy pavement do not cause collisions. exercises these responsibilities, for example, when
These conditions merely increase the hazards of making deliveries at unusual locations, such as
driving. Failure to adjust driving to the prevailing construction sites, or on driveways not built to
weather conditions should result in a ruling of support heavy commercial vehicles. There are
preventability. hundreds of these types of sites.
It is the driver’s responsibility to obtain
permission to enter the private property area.
The driver should:
• Discuss with proper authorities the operation of
the vehicle on private property
• Decide whether the traveled path can
accommodate the vehicle’s weight, height, width
and clearance limitation
• Make a judgment about what defensive driving
principles to use
Failure to carry out these responsibilities is cause
for judging a collision preventable.
Collisions at Alleys, Driveways, Plant Entrances,
and Shopping Centers Collisions While Parking

Collisions involving traffic originating from Most collisions that occur while parking are
alleys, driveways, plant entrances, and other preventable. These are some factors that indicate
special intersecting locations should be carefully preventability:
analyzed. The review process must determine • Unconventional parking locations
what measures the driver should have taken to
• Illegal parking, such as double parking
avoid the collision. Failure to slow down can be
considered cause to judge a collision preventable. • Failure to put out warning devices
So can failure to sound a warning or to yield to the Usually, the review committee would classify as
other driver. preventable collisions resulting from roll-away
parked position. When parking, the driver should
Collisions Involving Fixed Objects properly block wheels or turn wheels toward the
Collisions with fixed objects are preventable. curb to prevent vehicle movement.
Such crashes usually involve failure to check or
properly judge clearances. Many hazards are not,
in themselves, reasons for excusing a driver from
preventing a collision. These hazards include
resurfaced pavements, new routes, unusual delivery
points, inclined entrances to docks, and marquees
projecting over the traveled section of a road. There
are dozens of others. The driver must constantly
be on the lookout for such conditions and make the
necessary defensive driving allowances.

7
TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

Collisions Due to Mechanical Failure Other Crashes and Incidents


Any collision caused by mechanical failure that Incidents relating to projecting loads, loose objects
reasonably could have been detected by the driver falling from the vehicle, loose tarpaulins or chains,
– but went unheeded – is preventable. It is a CDL or doors swinging open are often preventable. It
driver’s responsibility to: is the driver’s responsibility to take all reasonable
• Report possible mechanical failure precautions to:

• Obtain repairs before operating the vehicle • Secure loose objects

For casual drivers, this should be covered in • Prevent damage to the vehicle, cargo or
company policy. other property

Sometimes mechanical difficulties occur • Prevent injury to people


unexpectedly during the trip. Upon discovery, Cargo damage resulting from unsafe vehicle
it is the driver’s responsibility to check with the operation is always preventable.
organization for emergency driving instructions.
Failure to do so makes a collision preventable.
A collision caused by mechanical failure
that results from abusive driving should be
considered preventable.

Single Vehicle Collisions


Carefully review single vehicle collisions, such as
jack-knifing, overturning or running off the road.
Such crashes may result from emergency action
taken by the driver to prevent a collision. However,
they also may result from speeding or other
factors. The review committee should evaluate the
driver’s actions prior to involvement for possible
errors or lack of defensive driving.

8
TECHNICAL INFORMATION PAPER SERIES: PREVENTABILITY OF MOTOR VEHICLE COLLISIONS

NON-PREVENTABLE COLLISIONS • The “Motor Vehicle Supervisor’s Collision


Some vehicle collisions are not preventable, such Investigation Report” is to be completed by
as being struck in the rear by another vehicle. the driver’s supervisor
This type of collision is non-preventable if it • The “Fleet Conference” is available electronically;
occurs while the driver is: it includes an approximate 45-60 minute driver
• Proceeding in their lane of traffic at a safe and fleet safety conference on “Preventability”
legal speed To obtain this information, please contact your
• Waiting to make a turn from a proper lane Risk Engineering consultant from The Hartford.

• Stopped in traffic due to existing conditions


or in compliance with a traffic sign, signal RESOURCES
or officer • “Motor Fleet Safety Supervision, Principles
• Struck while legally and properly parked and Practices,” National Committee For Motor
Fleet Supervision Training

MATERIALS AVAILABLE FROM • “Motor Fleet Safety Manual” & “Guide for
THE HARTFORD Determining Preventability of Motor Vehicle
Accidents,” National Safety Council, [Link]
To assist in developing information as a
result of a vehicle collision, The Hartford Risk • “Trucking Industry Guidelines for Recording
Engineering organization has these materials for Fleet Vehicle Accidents and Determining
background information: Preventability,” American Trucking
Association, [Link]
• The “Vehicle Collision Review Form” is to
be completed by the driver, supervisor and
collision/accident review board

LEARN MORE.
For more information, contact your Risk Engineering consultant from The Hartford
today or visit us online at [Link]/RISKENGINEERING.

The information provided in these materials is intended to be general and advisory in nature. It shall not be consid- Business Insurance
ered legal advice. The Hartford does not warrant that the implementation of any view or recommendation contained
Employee Benefits
herein will: (i) result in the elimination of any unsafe conditions at your business locations or with respect to your
business operations; or (ii) will be an appropriate legal or business practice. The Hartford assumes no responsibility Auto
for the control or correction of hazards or legal compliance with respect to your business practices, and the views Home
and recommendations contained herein shall not constitute our undertaking, on your behalf or for the benefit of
others, to determine or warrant that your business premises, locations or operations are safe or healthful, or are in
compliance with any law, rule or regulation. Readers seeking to resolve specific safety, legal or business issues or
concerns related to the information provided in these materials should consult their safety consultant, attorney or
business advisors. All information and representations herein are as of February 2016.
In Texas, the insurance is underwritten by Hartford Accident and Indemnity Company, Hartford Fire Insurance
Company, Hartford Casualty Insurance Company, Hartford Lloyd’s Insurance Company, Hartford Insurance
Company of the Midwest, Trumbull Insurance Company, Twin City Fire Insurance Company, Hartford Underwriters
Insurance Company, Property and Casualty Insurance Company of Hartford and Sentinel Insurance Company, Ltd.
The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries, including Hartford Fire Insurance
Company. Its headquarters is in Hartford, CT.
15-1108 © February 2016 The Hartford Financial Services Group, Inc. All rights reserved.

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