I need clarification on this:
In 2022 I was involved in two non preventable accidents, one in Tuscaloosa, AL and the other in BFE, Arkansas.
In both cases, I pretty much didn't move the truck at all. It seems like I was told that as a CMV, the only person who can give you permission to move the truck is a state police officer.
Is that true?
In Arkansas, there were city constables and town police and town poopahs telling me to move up to this church parking lot and I very politely told them that I would need that order to come from the state police. They did contact the state police officer who was en route to the scene and "got his permission" and then they escorted me/my truck over to that church lot.
What are the rules on this?
What to do when you're involved in an accident?
Discussion in 'Experienced Truckers' Advice' started by Dwellsouth, Feb 1, 2024.
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I'm not sure what your question is, I think you did right by waiting for a State Troopers response, many times, local yokels aren't too hip on CMV procedures. I'd be more worried about the 2 accidents in a year, your fault or not.
Lonesome Thanks this. -
Take pics then get it off roadway
homeskillet, silverspur, TripleSix and 1 other person Thank this. -
You're supposed to obey any lawful command from a duly sworn officer... technically.
I'm just sayin', I've never heard that "only a trooper can tell you to move it".
Normally, if its a minor crash, you're supposed to move the accident out of the roadway. Obviously if there is a serious crash, an injury or a fatality, you leave everything in place. Personally, unless I have seen a sign in that jurisdiction that says so, I wont move it until an officer gets there. You never know when the other driver is gonna start complaining about his neck hurting... even if you cant even see any damage.
Just me but if a fully sworn police officer told me to move the vehicle, I'd move it. But it'd need to be a constable, city police, deputy sheriff etc. If it happened to be on a college campus for example & the campus police (a sworn officer) told me to move it, I'd move it.
If Jim Bob security officer told me to move it... sorry Charlie, I'm waiting on a sworn officer.Lonesome Thanks this. -
Walk back an eighth mile and start taking pics, regardless of who’s at fault, regardless of what cop or even highway patrol officer says. Trees, buildings, road signs, anything that you think is relevant to your side of the story.
Then move the truck to a safe spot. BTW, whoever “taught” you, OP, but didn’t explain why is an idiot. Why are we telling you to take pics? What would happen if if the mayor’s drunk daughter slammed into the back of your trailer as you were making a left turn into a driveway?Lonesome Thanks this. -
Why wait for a state police officer in Arkansas?
He don’t know a thing about trucks, Highway police is trucks.
AR constables, They have arrest power, can write citations, and respond to accidents. A 2007 law, however, placed training requirements on constables if they wanted to carry a gun on duty and have access to the Arkansas Crime Information Center.
They didn’t need his permission, to get you out of roadway.
Should’ve called a wrecker.Dwellsouth and Grumppy Thank this. -
Pictures, lots of pictures before things move if possible.
You want pictures of everything except blood, guts and gore.
Very often I would get 20 pictures of the damages to my owner operator's tractor and one or two of the auto, basically useless stuff.
Get the other vehicles view, squat down to the auto drivers eye level along with pictures of the scene from all directions including any traffic control devices, skid and yawl marks on the pavement and the debris from the crash.
Remember, in a lawsuit EVERY picture you take is 'discoverable' by the other parties lawyer you can't hide anything, back when we supplied disposeabled film cameras we instructed drivers to use all the film in the camera.
Several years ago one of our box truck owners was returning from an oil change on his day off.
As he approached a right turn lane he signaled and a lady in a Mercedes whipped around him on the right whipping by sideswiping his truck damaging the fender without touching the bumper.
His pictures showing where he was in relation to the turn lane along with the debris from his fiberglass fender and the minor damage to the side of the auto were very helpful when the lady started a claim for bodily injury AND his personal coverage denied coverage citing NJ precident that getting maintenance on his day off was STILL the benefit of the carrier and it got dumped in our lap.
His pictures clearly proved he wasn't at fault AND that the B/I claim was bogus and denied.
Pictures, lots of pictures!Dwellsouth and TripleSix Thank this. -
Thanks y'all. I did everything else I was supposed to like taking pictures.
So apparently, no rule about state troopers needing to be there.
In Arkansas, it was a tiny 2-lane highway and a lady took off before my trailer made it past her and slammed into the side of my tandems so hard it shifted them out the other side a ways.
In Alabama, a guy in the middle lane missed his turn and he said didn't see me and hooked a left right in front of me in the left lane... I slammed the brakes so hard it shifted my load forward but still clipped his left tail end.
My question has been answered, so thank y'allhomeskillet and Magoo1968 Thank this.
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