CCJ

100 commercial carrier journal | november 2017 PREVENTABLE or NOT? Train or sedan? Doe must decide A t the roadside safety inspection earlier that morning that had netted him a CSA Satisfactory rating, tractor-trailer driver John Doe had a brief chat with the state trooper about the agency's new emphasis on enforcement. Truckers now must get a tough-love look from head to toe, Doe was advised, and most commercial vehicle enforcement personnel were unlikely from now on to be willing to swap tall tales at roadside about long- ago pullovers with highly unusual passengers and freight. How sad! Suddenly, Doe's musings were interrupted by the realization that he was approaching a railroad crossing with signal arms ashing and bells ringing to warn of an oncoming locomotive. He stopped out of an abundance of caution, but also took note of a small car approaching fast from behind. e driver probably was on his cellphone and not paying any attention to what was going on, he guessed. However, Doe quickly realized that the car wasn't slowing down, so he de- cided to inch ahead to give the driver more time to wake up to the fact he was about to run smack-dab into his trailer's underride guard … CRACK! Oh no! A signal arm had descended upon and severely mangled Doe's hood! Argh! Since Doe contested the preventable-accident warning letter from his safety director, the National Safety Council's Accident Review Committee was asked to render a nal decision. To Doe's dismay, NSC ruled against him, noting that it's better to risk being rear-ended by a sedan than to be side- swiped by a freight train. Doe should have stayed put and trusted that the car would stop in time, NSC decided. John Doe approached a railroad crossing and stopped at the tracks, but a car approaching fast from behind caused him to inch ahead, and a signal arm descended and hit his cab. Was this a preventable accident?

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