JASKO - Accident Investigation Policy Acknowledgment

Accident investigation policy and procedures

Our policy is to investigate any accident involving company personnel and vehicles. The procedures described in this policy define the approach we will use.

The company believes that accident investigation begins at the scene. That means certain driver responsibilities must be carried out at the scene of an accident. Additional company procedures involved in accident investigation are described below. More details on specific company procedures for accident investigation may also be included at the end of this manual.

Company policy is that drivers who leave the scene of an accident (without permission to do so from an authorized company official or without due cause) may be subject to disciplinary action, up to and including termination, depending on the circumstances involved.

DRIVER ACCIDENT PROCEDURES

Every driver of a motor vehicle involved in an accident resulting in injury to, or death of, any person or persons, or in property damage of any kind, regardless of the amount, shall:

1. Stop immediately.
2. Take all necessary precautions to prevent further accident at the scene.
3. Render all reasonable assistance to injured persons. (Note: Do not render first aid unless trained to do so).
4. Give to any person demanding same, his/her name and address, the name and address of the motor carrier for whom he/she is then driving, the State Tag Registration Number of the vehicle involved—and, if requested, exhibit his/her chauffeur’s or operator’s license.
5. Report all details of the accident as soon as practicable after its occurrence to the designated company representative and insurance carrier.

DRIVER REPORTING OF ACCIDENTS

Failure to do any of the following in the event you are involved in an accident will result in being placed on probation, suspension with a warning letter, and/or discharge, depending on the severity of any accident.

1. Reporting the accident to the designated company representative
2. Completing the preliminary accident report
3. Take pictures of the accident scene

This holds true in any accident, regardless of which party appears to be at fault, or initial estimate of the damage.

There is no such thing as providing the company with too much information in the event you are involved in any accident. This is a prime responsibility.

GENERAL POLICY CONCERNING ACCIDENTS WITNESSED ENTERPRISES, INC.

All drivers are cautioned: If you witness an accident, or if you stop and assist at an accident scene, be sure you make a note of the incident on your log or daily report. You must also inform the company. Here are some additional precautions:

1. If it is your best judgment that your help is needed at an accident, stop before you get past the point of the accident, because then an accident victim cannot later accuse you of having been involved.
2. If a police officer is in charge, stop only if he/she requests your help.
3. Always set warning flags or flares after parking well off the roadway.
4. It is not wise to pull vehicles out of snowbanks. Offer to call a wrecker.
5. Do not talk too freely about what you see at an accident scene; it could be unfair to someone involved.
6. Stay at an accident only as long as your help is needed.
7. Write down the license number of any vehicle you think was involved in the accident.

DRIVER CONDUCT AT ACCIDENT SCENE

There are two essentials to the driver’s conduct at the scene of an accident.

First, the driver must take care of all injured persons (if trained to do so), and get every possible bit of information about the accident, and the driver must transmit this information to the company.

Secondly, the driver must be unfailingly courteous to those involved in the accident, the police and other authorities at the scene, and to witnesses and bystanders with whom he/she may come into contact.

When a truck is involved in an accident, the driver and the company almost invariably have two strikes against them, regardless of who was at fault. The driver must protect him/herself and the company by getting all pertinent information, and reporting it accurately, and by doing nothing that will arouse additional antagonism.

These rules of conduct and instructions are aimed at helping you to make a proper report, and avoid further trouble to yourself and the company.

Familiarize yourself with what to do in case of an accident, before you are involved in one.

1. Stop: Failure to stop at the scene of an accident in which you are involved is a criminal offense, which will subject you to the penalty of the law and disciplinary action by the company.
2. Protect the scene: Turn on four-way flashers. Lose no time in setting out your red emergency reflectors, in accordance with DOT regulations (one warning device 100 feet in each direction from the scene, and one near the scene — set the signals further out, but not over 50 feet away, if the accident occurs near curves or hillcrests).
3. Assist any injured person, if trained to do so: Do not move anyone, unless absolutely necessary to prevent further injury (from fire, for example). Keep any injured person as warm and quiet as possible, while waiting for the arrival of an ambulance, doctor, or other competent person to handle treatment and removal from the scene.
4. Notify the police: If you cannot access a telephone, write a brief note accurately describing the location and apparent seriousness of the accident, and ask a motorist to report it for you. Or, use your CB to pass the word along. Do not leave equipment and cargo unguarded, except in an extreme emergency.
5. Notify the designated company representative and insurance carrier.
6. If you are the victim of a hit-and-run, or the other party refuses to remain at the scene or give you information, notify the police of the accident, and give them all the details you can. This way, your report is kept on the police log and protects you if the other party tries to make a claim against you later. Also, call the company and notify them.
7. You have been issued a glove box accident kit including instructions. Use this in the event you are involved in an accident.

• For minor property damage accidents that do not involve another person, or the possibility of personal injury to anyone: Call it in to dispatch; fill out the accident report fully; take pictures of damage to truck and property—even roadside grass, curbing, etc. What initially looks harmless can often result in a costly claim.
• For all collision accidents involving another vehicle, pedestrian or involving possible injury: take pictures, call dispatch, call the police, get names, phone numbers, witness’ cards—everything.
• For all cases of trailer damage, whether you witnessed it or not, fill out the trailer damage report, take pictures of damage—including the number of the trailer—and report to dispatch.
• If you hit a deer or other wild animal, make a report and photograph the damage. If you hit a farm animal, treat it as a property damage accident.
• DO NOT take pictures of any individuals injured or killed at the accident scene. These types of pictures can be used in courts against the company, regardless of the facts surrounding the accident.

MAKE A COMPLETE REPORT OF THE ACCIDENT

If you are taken to a hospital, make sure someone notifies the company immediately of what happened, and where and when you were taken.

1. When reporting an accident by telephone or messenger, be specific as to location, time, extent of injury and/or damage, condition of cargo, and where you can be reached. When you call in to the company, be sure you are talking to someone who is able to act on your report, and make a note of the name of the person you give the report to, for future reference.
2. Be polite at the accident scene. Give your name, the company name, and offer to show your driver license. Don’t discuss the accident with anyone, except the police and representatives of your own company. Any statements you make may be used against you later, so do not offer theories as to why the accident occurred, etc. Regardless of the circumstances, admit nothing, sign nothing, promise nothing, and don’t argue.
3. Make out your report as outlined above. The preliminary report form is your worksheet for obtaining all the necessary information to call in to dispatch.

Get names, addresses, and phone numbers of all witnesses—both for and against you. Use the witness forms in the accident kit. If witnesses refuse to give their names, note their vehicle license numbers. If there are no witnesses to the actual accident, get the name, address, and contact information of the first person to arrive on the scene.

1. The accident kit also contains exoneration forms. The intent of this form is to relieve the driver and company from any blame of negligence in connection with the accident, when the other driver has accepted that blame. Getting the other driver to complete and sign the form may be difficult, but is worth the effort to do so, as it provides additional protection down the road should any legal action be taken. At the same time, you should never sign an exoneration card or statement yourself.
2. Take your pictures. Do not move, or allow to be moved, any of the vehicles until you have your pictures, and someone has witnessed the position of vehicles, skid marks, lights, road signs, weather and road conditions, etc. If the tractor is in a location or position you cannot get pictures of, have someone else take pictures for you. Also take pictures of any fuel spills, environmental releases, and towing recovery efforts. This information can be helpful in determining the scope of recovery and subsequent towing fees.

When you are in the process of obtaining the above information, remember that you may be the only representative of the company at the scene of the accident. Therefore, it’s essential that you gather all the pertinent information to aid the company, and our insurance company, in helping to determine preventability of the accident.

Any accident is automatically charged against you as preventable if you fail to provide the company with a complete report and pictures.

ARRESTS WHILE ON DUTY

Any summons for any violation while operating equipment leased or owned by the company must be reported immediately to your supervisor or safety officer.

ACCIDENT INVESTIGATION

After an initial contact with the driver of the vehicle involved in an accident, the company will determine the level of official involvement that needs to happen in the specific instance.

A company representative or an insurance adjuster representing the company may be sent to the accident scene to assist in on-site investigation and handling of the accident details.

Generally, five major areas are evaluated in accident investigation. These areas will be examined in full after an initial evaluation is made of the severity of the accident.

1. People: Our investigations will include examination of the qualifications of the driver(s) involved in the accident.
2. Equipment: Attention will be focused on the mechanical condition of the vehicle involved in the accident.
3. Physical conditions: We’ll perform an investigation of environmental conditions (i.e. weather, road conditions).
4. Procedures: Accidents don’t just happen. They usually represent a failure (or lack) of some procedure.
5. Freight: Our investigation will include an assessment of freight being hauled, including cargo securement practices and procedures.

Person/group

will make a final decision on the preventability/chargeability of the accident in question, based on the accident investigation. That decision will then be communicated to the driver of the vehicle involved in the accident. Based upon the accident investigation and determination of preventability, the driver may be subject to probation, suspension with a warning letter, and/or discharge, depending upon the severity of the accident, company driver qualification, and disciplinary policies in place.

Drivers have the opportunity to appeal decisions on preventability/chargeability of an accident.

*If there are specific company procedures for accident investigation, please include them as an appendix at the end of the manual.

ACKNOWLEDGMENT

By signing below I acknowledge that I have received, read, and understood this policy.

JASKO Enterprises, Inc. — 1122 N. 189th Ave, Buckeye, AZ 85326