Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.uberflip.com/i/959367
100 commercial carrier journal | april 2018 PREVENTABLE or NOT? Doe deals with snack attack S oothed by Willie Nelson's gravel-voiced rendition of "On e Road Again" booming from his satellite radio, trucker John Doe proceeded down Route 99 toward his next delivery stop at Perky's Pancake House. It was dawn, with the sun rising slowly in a cloudless sky, and Doe's tractor-trailer was just about the only vehicle on the road. Aer arriving at Perky's, Doe saw the restaurant was not yet open for the day's business, with its parking lot empty … except for a small pink Toyota. Doe figured it probably was the manager's car until he spied a would-be pa- tron peering hungrily through the restaurant's front window. Indeed, the car belonged to ravenous Rachael Rathbone, who'd arrived 30 minutes too early for Perky's famous Strawberry Delight Hot- cakes and coffee. Doe returned to the task at hand and began backing blindly to the le and into Perky's parking lot. At the same time, the frustrated Rath- bone, suffering from hunger and caffeine withdrawal, decided to abandon Perky's and drive up Route 99 to the always-open International House of Waffles. Preoccupied with gaining access to nutrition, Rathbone began to blindly back out of her parking space … WHAMMO!!! … and directly into the path of Doe's trailer, damaging her trunk. Doe later contested the preventable-accident warning letter he received from his safety director, saying Rathbone had backed into him. Asked to settle the dispute, the National Safety Council's Accident Review Committee upheld the preventable decision, noting that Doe knew the store was closed and should have anticipated Rathbone's possible departure. Doe should have sounded his horn to alert Rathbone before backing into the parking area, NSC ruled. John Doe backed his tractor-trailer blindly to the left and into the restaurant parking lot, where he rear-ended a departing customer. Was this a preventable accident?