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Fundamentals of Accident Investigation

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Presentation on theme: "Fundamentals of Accident Investigation"— Presentation transcript:

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2 Fundamentals of Accident Investigation
Reginald C. Reese VP, Safety and Risk Management Revised 11/2016 .

3 Learning Objectives At the end of this unit, Keolis investigators:
Will have received instruction on proficient accident investigation principals as prescribed and expected by Keolis Transit America. Will understand why detailed observation, documentation and follow up is critical to mitigating claims costs, identifying hazards, determining fault, preventability and accident causes. Will have been familiarized with resources provided by Keolis Transit to assist in the investigation process.

4 Accident Investigation
Today, we will discuss expectations concerning the following following subjects in detail: Definition of a Motor Vehicle Accident Notification of an Accident Responding and Arriving at the Scene Assessing the Scene Taking Relevant Photographs Gathering Information Conduct at the Scene Critical Incident Protocols Injuries and Personnel Management Post Alcohol Drug Testing Requirements Drawing Diagrams Completing/Submitting the Accident Report Considerations Before Clearing the Scene

5 Motor Vehicle Accident (MVA) Definition
An MVA is a vehicle accident that results in death, bodily injury, property damage, or physical damage, regardless of nature, extent or dollar amount (i.e. $1.00 or more) of injury or damage. MVA’s include, but are not limited to…. Collision with another vehicle Collision with a fixed object Undercarriage collision Non-collision (overturning the vehicle, running off road) Roll-away collision Passenger injury due to movement of the vehicle Collision during loading and unloading

6 Motor Vehicle Accident (MVA) Definition
Let’s make sure we understand……When any part of a vehicle other than the bottom surface of the tires come in contact with anything other than the top surface of the roadway resulting in death, bodily injury, property damage or physical damage, regardless of the nature, extent, or dollar amount (i.e., $1 or more) of injury or damage. A dent, scratch, chip, etc., would result in $1 or more of damage even though the damage may not be repaired. Why do we investigate the “small” accidents?

7 Direct Benefits of a Thorough Investigation
Efficient investigation makes several processes possible…… Identify post accident and refresher training needs Evaluate our driver training program (seniority trending) Improve our selection process (experience) Improve operating practices (hazard identification, location trending, route trending) Identifies Subrogation and recovery possibilities Claims costs are affected most by your investigation and follow up processes

8 The Notification Call Determine what happened and exact location.
Are there passengers aboard? Is anyone injured? Fire or fuel leaks? Are vehicles blocking traffic? Determine the extent of damage. Dispatch notifies appropriate emergency responders. (Police, Fire, EMS) Appropriate organizational notifications are made. Designated Keolis supervisors/managers go to the accident scene. Give dispatch and management your ETA to the scene.

9 Critical Incident Notification
Does incident qualify as “Critical”? (see Section of the Policy & Procedure Manual) If YES, then General Manager Notifies SVP of Operations, VP of Safety & VP of Claims Management. If there is media involvement present or the potential for media involvement, GM must notify… Leslie Aun – Vice President of Communications, Keolis North America. 470 Atlantic Avenue, Fifth Floor, Boston, MA 02210 Mobile: IF THE SCENE WARRANTS THAT WE HAVE AN INSURANCE OR LEGAL REPRESENTATIVE INVOLVED AT THE SCENE, THE VP OF CLAIMS SHOULD BE CONTACTED IMMEDIATELY.

10 Critical Incident Notification
A SERIOUS/ CRITICAL ACCIDENT IS DEFINED AS AT LEAST, BUT NOT LIMITED TO THE FOLLOWING: Fatality (including accidental death on a bus or company property, regardless of fault) Serious burns Quadriplegia or Paraplegia Amputation Brain damage – actual or alleged Serve injury with apparent permanent disability Severe cosmetic disfigurement Blindness or loss of hearing Severe fractures or multiple fractures Psychiatric problems due to trauma, actual or alleged Serious vascular abnormalities due to trauma Any accident involving injuries to more than three persons Any pedestrian accident Assault or molestation incidents Severe bleeding Vehicle roll-over Any accidents that result in an individual being "care flighted" from the scene.

11 Arriving at the Scene As you approach, assess the accident scene to get overall knowledge of what is occurring….

12 Arriving at the Scene (cont.) SET YOUR EMERGENCY LIGHTS ON
SAFETY FIRST! SET YOUR EMERGENCY LIGHTS ON (IF EQUIPPED) PUT YOUR VEST ON AS YOU EXIT YOUR VEHICLE!

13 Arriving at the Scene (cont.)
Are traffic warning devices in place? Place traffic control devices to most effectively warn and detour traffic around the accident scene as well as you vehicle. Supervisor should always carry an extra set of traffic warning devices. Do not move vehicles from their position unless vehicles or passengers aboard the vehicles are in danger of being further impacted by traffic, fire, etc. or told to do so by law enforcement or emergency response personnel.

14 Introduce yourself to emergency responders upon arrival.
Arriving at the Scene (cont.) Introduce yourself to emergency responders upon arrival. JENNIFER JAMES SAFETY SUPERVISOR NOTE THE BADGE # Be courteous, ask how you can be of assistance. Ask permission to interact with your driver and passengers.

15 Arriving at the Scene (cont.)
Securing the scene is extremely important. Move uninvolved bystanders out of the immediate collision area. Be mindful of “scene exploitation”. Instruct our employee to communicate with no one except company representatives or emergency responders. Our involved employee should not discuss the occurrence details with the passengers, or make statements claiming fault or any accusations. The employee should not communicate with family, friends or other employees from the scene. Have passengers stay in the seat they were sitting in when the incident occurred (seat diagram purposes).

16 Arriving at the Scene (cont.)
Check on our employee’s condition. If the driver is uninjured and able to do so, have them assemble a passenger list (use the seating diagram from accident report). Make the driver feel at ease, what ever the situation. Ask immediately how he/she is doing and if medical attention is needed. Assess directions and impact details (as best you can) before you start to ask questions. Learn to ask specific questions rather than asking the driver to recount the accident. Segregate your driver from contact with the general population. Allow only interaction with emergency responders as requested. Check on the passengers’ condition. Ask “Is everyone alright?” Never ask “Is anyone hurt?” Check on the other vehicle occupants. If an officer is present, tell the OV occupants that all information will be exchanged through the officer.

17 Arriving at the Scene (cont.)
Interview the driver of our vehicle. Get a brief narrative of their version of the occurrence. Make notes, do not rely on your memory. Have our driver pass out courtesy cards to the passengers and start on their written report. Very important that no one other than law enforcement and company representatives speak to our driver at the scene, including the other parties involved once you are on the scene. All communications should come through the supervisor. Once the employee is secure (segregated), begin photographing the scene. Start in close, then work your way out.

18 Arriving at the Scene (cont.)
APPROACH THE SCENE, CAMERA IN HAND, TAKING PICTURES OF THE SCENE AS YOU APPROACH. BE MINDFUL OF YOUR SURROUNDINGS AT ALL TIMES!

19 Photograph The Scene From All Angles
360-Degrees Traffic Control Devices START SHOOTING AT THE REAR AND MOVE TO YOUR RIGHT Skid Marks

20 Arriving at the Scene (cont.)
Photograph all four sides of all vehicles involved. Photograph license plate and inspection stickers. Photograph the point of impact as well as the final resting place(s) of the vehicles. As you work your way back from the scene, be sure to photograph any traffic control devices, stop signs and speed limit signs. Attempt to photograph all drivers perspectives as they approached the point of impact.

21 Photograph The Scene From All Angles Relevant “People” Photographs

22 Relevant “Vehicle” Photographs
Photograph The Scene From All Angles Relevant “Vehicle” Photographs

23 Relevant “ Traffic Control Device” Photographs
Photograph The Scene From All Angles Relevant “ Traffic Control Device” Photographs

24 Relevant “ Skid, Yaw Marks and Tracking” Photographs
Photograph The Scene From All Angles Relevant “ Skid, Yaw Marks and Tracking” Photographs

25 Photograph Vehicle Damage Correctly
“Do’s and Don’ts Be certain to note (photograph, document) damage to the other property which obviously existed before the occurrence with our vehicle. When photographing damage to vehicles or property, don’t get so close that there is little recognition of where on the property the damage exists!

26 Photograph Vehicle Damage Correctly
“Do’s and Don’ts CORRECT INCORRECT CORRECT INCORRECT It’s OK to show close detail of damage, however these pictures should be accompanied by the wider shot.

27 Relevant “ Painted Traffic Control Device” Photographs
Photograph The Scene From All Angles Relevant “ Painted Traffic Control Device” Photographs

28 Relevant “ Debris Splashdown and Contributing Factor” Photographs
Photograph The Scene From All Angles Relevant “ Debris Splashdown and Contributing Factor” Photographs

29 Make Arrangements to Extract “On Board Camera” Captures
Relevant to This Event

30 Some critical shots that can make or break the ultimate outcome!!!!
point of impact and also point of rest. Pictures of other vehicles & license the scene. Shots of by-standers & possible witnesses. Shots of inside the OV vehicles should not be needed, and may be considered an invasion of privacy. Pictures of surveillance cameras in close proximity. Shots of approach varying distances. Use a common point of permanent reference (old tree, mailbox, light pole, bridge support) to make measurements or direction references from/to scene objects. Let’s discuss…..

31 PHOTOS OF POST COLLISION POSITION OF BOTH VEHICLES…
PHOTOS OF POST COLLISION POSITION OF BOTH VEHICLES….. (Our vehicle is always “V1”)

32 PHOTOS OF POST COLLISION POSITION OF OUR VEHICLE (IF NO COLLISION)…
PHOTOS OF POST COLLISION POSITION OF OUR VEHICLE (IF NO COLLISION)….. (Our vehicle is always “V1”)

33 PHOTOS OF V2 DAMAGE…. (The vehicle which was directly involved with our vehicle is “Vehicle 2”)
The license plate # of V2 The impact area of V2 Photograph and document any old damage already on V2 (not as a result of impact with our vehicle).

34 What Did Our Driver See/Do Leading Up to the Collision?
Check the driver’s mirror settings. Were the mirrors set correctly? What was the driver’s view from the approach to the point of impact? May need to walk back to the approach point and look toward the point of impact to get driver’s perspective. Were there any obstructions? Check the condition of the driver’s area. Is there material there which could have interfered with safe operation (food, cellular phone, clipboards, etc.)? Generally check to see if controls, brakes are presently in working order, if possible. Make notes.

35 Completing the Accident Report
(Page 1) 3 or 5 Digit Time of the occurrence, not the time you arrived! Very important! Critical In many cases, may not be the same Don’t leave this blank! Know the regulations and your policy!

36 Completing the Accident Report
(Bottom of page 1) Don’t leave this blank! Be certain not to miss populating these columns. This section provides an “at a glance” description of what occurred. KNOW THE REGULATIONS AND YOUR POLICY!

37 Completing the Accident Report (Page 2)
USED TO DETERMINE CONTRIBUTING FACTORS USED TO DETERMINE PREVENTABILITY PARATRANSIT NAMES WILL BE MANIFESTED, MAY NOT HAVE FIXED ROUTE NAMES, BUT…. …FIXED ROUTE OR UNKNOWN PASSENGER ID SHOULD STILL BE COUNTED HERE. SECTION USED WITH OR WITHOUT COLLISION

38 Completing the Accident Report
(Bottom of page 2) The accident description should be a narrative describing facts leading up to and including the occurrence, along with information which describes events immediately following the occurrence. This narrative should clearly portray the facts as concluded by the employee’s statement, witness statements, law enforcement investigator conclusions and the Keolis investigator’s conclusions. What it should not be is…. A verbatim statement from the involved employee without the benefit of investigation of the occurrence. A summary without the examination of materials, evidence from the scene and all evidence gathered during the course of the investigation. A statement which includes conclusions as to preventability or fault or either party.

39 Completing the Accident Report
(Bottom of page 2) Narrative clearly states the event that occurred. Narrative identifies the scene (time and place). Narrative summarizes the event in chronological order (beginning, middle, end). Narrative includes details about what was SEEN. Narrative is factual (objective). Narrative is at least one paragraph long. Narrative contains correct spelling. Narrative contains correct capitalization. Narrative contains correct punctuation and grammar.

40 Completing the Accident Report (Page 3)
Which fire department, or ambulance company responded. Ask where injured were transported.

41 Drawing Diagrams Label vehicles Label streets by name Note direction of travel. Indicate number of lanes. Include a compass Note the type of street. Mark all traffic controls Draw all fixed objects Draw debris fields Note: Point of contact/impact Points of rest (dotted lines from impact to rest) Skid marks

42 Drawing Diagrams Steps in Preparing a Sketch
The investigator first draws the roadway, shoulder and other areas of the scene that are pertinent to the investigation. This includes any physical characteristics which may constitute contributing factors to the cause of the accident, or which will be used as base points. 2. Base points are then drawn on the sketch. These are those points used in making measurements by triangulation. They are permanent objects such as telephone poles, mileage markers, road sign posts, etc. 3. The next portion of the sketch shows the final position of the vehicle, occupants and objects involved in the accident. All damage to the vehicle and other property is also indicated on the sketch. This information should also be entered in the narrative portion of the report. 4. The sketch is completed by including information on vehicle marks and debris at the scene. Vehicle marks include skid and scuff marks, scratches, scrapes and gouges of the pavement and yaw marks. These marks will be used in determining speeds of the vehicles involved. Debris is useful in determining the point of first contact. An outline of the areas in which debris has come to rest is included in the sketch. Debris is usually spread in an elongated pattern in the direction of travel. Points where debris concentration is greatest are also indicated. Notes should be made if there appears to be two or more separate debris areas. 5. After entering identifying information on the sketch, the final step is to recheck the sketch at the scene. The investigator should re travel the paths of the accident vehicles at their level of vision height to determine visibility and any obstructions. The sketch must have an understandable legend.

43 Drawing Diagrams Measurements
Steps in Preparing a Sketch (continued) Measurements Accurate measurements are necessary to relocate and relate exact points in an accident scene. There are two methods of making measurements--triangulation and coordinate. Triangulation Method Triangulation is the best method to use on unpaved roads without clean-cut edges or on sharp curves and irregular intersections. The steps in this method are as follows: 1. Determine two fixed base points, such as telephone poles, edges of buildings, etc. 2. Measure from both base points to each object such as the accident vehicle. 3. Write measurements as “12 feet, 6 inches”. The normal symbols for feet (') and inches (") are not used to avoid misreading or confusion. 4. Fixed base points should be widely spaced to provide wide angles in measuring. Narrow angles increase the probability of error. 5. Show measurements to the wheel positions on one side of the vehicle or to the front and rear of vehicle if undamaged. Also show measurements to large debris and to victims not in the vehicle(s) involved. 6. Measure skid marks from where the road surface first shows any marks of tires grabbing.

44 EXAMPLE OF SIMPLE FIELD SKETCH #1
2nd Avenue Base Points Point of Impact Street Name Debris 2 (Las Olas Blvd.) Point of Rest Path of Travel After Impact Indicate North

45 EXAMPLE OF SIMPLE FIELD SKETCH #2

46 Gathering Information
Find out what emergency facility the injured are being transported to. Police accident investigation report number is needed. How can you get the report? Will our vehicle need to be towed? Is a representative from our maintenance department needed at the scene? If our driver claims that vehicle failure contributed to the accident, we need a maintenance representative at the scene to assess claim immediately! If our vehicle has sustained substantial damage, a maintenance representative may be needed to assess drivability or repair so that vehicle may be driven. Is another vehicle/driver needed to complete this route? Where was the other vehicle towed to, tow company name? (Adjuster needs to know.) Are there fluid leaks which will require reporting or spill containment?

47 Gathering Information
Obtain information from other operator(s) (name, address, license, insurance carrier) Obtain witness statements, if available. Interact with law enforcement and emergency responders – be cooperative. Determine where any injured parties were transported. Does the accident meet the threshold for a Post Accident test??

48 Post Accident Drug and Alcohol Testing Threshold…
Post Accident Drug and Alcohol Testing Threshold….our employee must be tested if there is…… An “occurrence” associated with the operation of a commercial motor vehicle resulting in: Human fatality or Bodily injury (including our employee) requiring immediate medical treatment away from the scene, or Disabling damage to any motor vehicle requiring tow away from the scene. The operator of the CMV and/or any other covered employee whose performance could have contributed to the accident must be tested…. ….. unless the employee can be completely discounted as a contributing factor to the accident using the best information available at the time.

49 Time Requirement for Post Accident Testing
Alcohol: Test as soon as possible If not tested within 2 hours following the occurrence, document reason for delay, and continue to attempt to test. If not tested within 8 hours, cease all attempts and document reason for failure to test. Drug: Test as soon as possible, but within 32 hours of the accident. If not tested within 32 hours, cease all attempts and document reason for failure to test. Read and KNOW your drug testing policy and the federal regulations! Always use and submit a POST ACCIDENT DECISION MAKER FORM with EVERY accident report!

50 Post Accident Decision Maker Form

51 Accident Report The accident report should be completed by the supervisor as soon as possible. The driver’s statement must be complete and concise. If the driver is unable to complete the report, a supervisor should assist the driver. (Driver must sign the statement.) The driver’s statement is included in the accident report. The accident diagram must be detailed. Review the report for completeness. Forward the Supervisors Investigator Report along with photographs to management for submission to the insurance company. File the report in an accident file in sequence by date (or using the report number assigned by your location).

52 DON’T SUBMIT AN ACCIDENT REPORT WITHOUT SIGNING IT, DATING IT AND GIVING CONTACT TELEPHONE NUMBER!

53 Completing and Submitting the Report

54 Investigator Closing Considerations
If you think the accident circumstances warrant having an attorney or an insurance investigator meet you at the scene, let us know. If this is to be considered a “critical” incident once you arrive and have assessed the situation, protocols will be activated. Each investigator should have corporate contact information in his/her accident kit for these reasons. You may be contacted at the scene by a KTA source who has need of up to date information. Your report and follow up are extremely important to our insurance adjusters, attorneys and risk managers, as they will all have your report as their primary source of information concerning the accident. It must be as complete as possible. If there is additional information you think needs to be added after the report is submitted, inform management. Do not discuss accident details with family, friends, employees or anyone other than KTA management. Once the report is submitted, you are not allowed to receive communication from anyone about the accident unless they are identified by management as affiliated with KTA. Statements concerning liability or preventability are not to be made on the accident report form.

55 Determining Preventability
The Basic Question – “Did our driver do everything reasonably possible to avoid the accident?” If the answer is “YES”, then the accident is considered “Non-Preventable”. If the answer is “NO”, then the accident is deemed “Preventable”. NEVER indicate Preventability on the accident report or related documents.

56 Re-Training Re-training must always be presented as beneficial to the driver. The purpose of re-training is to correct operator deficiencies and enhance the driver’s skills. The intended outcome is a safer and more proficient driver. Re-training must never be represented as part of the disciplinary process.

57 Re-Training (Cont.) Post accident re-training must be of a duration sufficient to measure the drivers competency. The re-training must focus on the causation factors of the accident. An evaluation form must be completed by the trainer as documentation of the re-training. Post accident re-training must be completed before the driver returns to service.

58 Accident/Claims Reporting
Ensure entire accident report form is accurate and complete. Ensure all other pertinent documents concerning the accident are gathered and sent to the insurance carrier. Fax or the accident report and all other applicable documents within 24 hours of becoming aware of the accident. Refer all calls from claimants or their attorneys to the adjuster handling the claim. Do not comment on liability or other aspects of the incident.

59 All Accident and Injury Reports are to be Forwarded to:

60 Question and Answer Session
Ask the questions you might have at the scene. Now is the time to ask the “what if” questions. Practice your response and investigation skills BEFORE you need them!


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