What Not To Do: Nominee for the Worst Post-Trip Inspection Ever
In the aftermath of a collision involving a commercial vehicle (CMV), the first question any company and law enforcement officer will ask during an investigation is how it happened. The driver of the CMV is always on the front line for evidence to answer that question, and often for blame. All available information will be in play for review, from witness statements and dashcam footage to vehicle condition and scene examination. The vehicle inspections play a crucial role in ensuring the safe operation of CMVs each day, and are even more important during accident investigation and reconstruction efforts. A poor practice of pre- and post-trip documentation can have disastrous results for a driver, and can even be severe enough to shut down a smaller operation.
The legal burden and the regulatory responsibility for these daily inspections falls equally on the driver and the company. However, it falls on the driver to guarantee that the vehicle they are operating is in a safe condition while on the road. Having a clear and complete inspection protocol in place can prevent equipment failure, reduce the odds of a bad roadside inspection, and contribute to a reduction in the chance for accidents. This is especially true in cases of crashes resulting in injuries or a tow-away, where FMCSA mandates reporting. Of further risk: some state laws criminalize driving a CMV after a crash until it's inspected and deemed safe by a state trooper.
A proper review of the requirements (both state and federal) for these inspections would require a good deal more information than a short article like this contains. I think we can still review at least one helpful bit of information that I hope all drivers can take with them, and that’s illustrating the exact wrong way to do it. In order to keep the read-time on this article short while still looking for an impactful statement, I’ll close this up with a recent example submitted to me that I didn’t think was a real report when I first reviewed.
Please, please, please don’t do this:
Please be courteous to your friendly neighborhood truck driver. The above-example notwithstanding, most truckers do a great job daily in a tough industry. They have a difficult job, in difficult circumstances, and (like everyone else) could use an occasional bit of grace.
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Sources:?Worst Inspection Ever courtesy of Blue Falcon.
Legal Disclaimer:?The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
More Disclaimer:?A shorter article this time, but still an important point to be made. A good inspection process will keep your trucks running, keep the Level 1 and Level 2 hits low, and ultimately result in safer and less-expensive operations all around. My best recommendation that not enough drivers utilize is an enroute inspection, preferrably when you know a scalehouse is coming. These 'rest & check' stops provide a break and a change of routine to keep a driver alert, while also making sure that pesky headlight is still operating. You will feel less tired and more alert after a rest stop. Taking a bit to check your vehicle after it has been on the road for some time can also catch some of those annoying minor failures before a trooper sees them. Rest & checks are an easy way to up your compliance rates and keep everything running more smoothly. Stay safe out there
Copyright:??2023 Zac Hargis, Attorney for Riggs Abney Law Firm. All rights reserved.