Preventable Or Not

**Brisco** · 03-05-2010, 03:31 PM

Originally Posted by bubblehead

Not quite enough information to determine:

Visibility conditions, night yes but fog? Curve, hill or other obstructions, cleaniness of widshield?

Was speed appropriate for conditions?

Was equipment appropriate? Tires; proper inflation, tread 4/32+ (front) any cupping?

Steering linkage and suspension?

Lighting; Headlights working and proper watage, lens polished or yellowed? Could highbeam have been used at that time?

Driver's time on duty and physical condition, medications etc.

Distractions; On phone, talking to co-driver, etc?

If you got tagged with a preventable and safety did not investigate/question at least the above as a minimum, then safety just blew you off.

HUH???

Are we speaking about a "preventable" accident with a Deer and a Guardrail or Level 1 DOT Inspection??

If this was a "preventable" accident involving a commercial vehicle hitting a pedestrian and a death occurred, I could see going into this much depth/investigating.

If an officer worked this accident above, I can see his "ST3" now. It would go something like "Truck-Highway Speed-Deer-Guardrail-BOOM". It's probably one of the most common accident reports that Troopers who patrol heavily deer populated areas write up.

My opinion, I think the Trooper/LEO who wrote up the accident report should have the final say so whether this would have been "preventable or non-preventable", and NOT an entity (Insurance Adjustor-Company Representative) that has a vested interest in the outcome of the decision.

**buddy** · 03-05-2010, 03:44 PM

If you have ever had a deer hit your moving vehicle you would understand why its NOT preventable.

**iceroadtrucker** · 03-05-2010, 04:26 PM

Well if the deer jump out in front of the Vehicle and who ever was driving didn't swerve then I don't believe it's a Preventable. Now if that person Swerved and hit the Guard rail well I could see where the company would say Preventable.
Needless to say the company will have the last say.
No matter what you do unless you got Video play by play of what happened like at the Football games where ya can watch the replay well you know the rest.

But for the sake of It all I side with Not Preventable.
Cause who the Heck really wants Deer Steaks that bad that you gonna Hit a deer of which pushes the bumper into the steer tire of which sucks the truck into the guard rail. It just don't make sense.

So the driver didn't swerve to miss the deer, but the deer hit the truck and of which pushed the bumper into the tire which sucked him into the guard rail. Then Nope not Preventable. (Thank Goodness it wasn't a Moose) Sorry Moose. Don't blow your horn might think its a mating call HE HE

So I'm with ya 100% on this not Preventable If the above is how it really happend.

Now Where the Deer at. All this talk about deer meat Im hungry.

Some body get the Steak Sauce For the Deer Steaks.

**Brisco** · 03-05-2010, 04:26 PM

Preventable or Non-Preventable?

YouTube - Deer Hit By Car

YouTube - TX Police Car vs Deer

YouTube - Race car hits a deer (slowmotion)

You decide..............

In the main topic of discussion here, sounds like to me someone is refusing to apply common sense. Know what I mean.

**nightcreacher** · 03-05-2010, 04:37 PM

Let me put some light on this subject.Since I know exactly what happened,to me should have been non preventable,but thats not how safety sees it.If you hit a deer,its non preventable,but if you hit another object,it becomes preventable,and since they saw fit,I'm no longer with FDCC.

**Brisco** · 03-05-2010, 04:42 PM

I just noticed a lot of talk here has been about "swerving".

I believe they teach new Truck Drivers in TDS's to NOT to swerve if a deer runs out in front of them. I also know that in Defensive Driving courses that it is taught NOT to swerve in case of a car-deer accident. What is taught is to hold steering wheel in a straight line, take foot off gas, apply brakes firmly, do not swerve, and drive through the deer. Swerving causes one to lose control of their vehicle much much quicker than if they had just plowed right thru Bambi. I'd rather repair the whole front end of my truck vs repairing rollover damage that swerving could possibly cause.

Here's a bunch of Google Links from insurance companies and highway patrols that say just what I said above. Do Not Swerve!!

avoiding deer collisions - Google Search

**Brisco** · 03-05-2010, 04:45 PM

Originally Posted by nightcreacher

Let me put some light on this subject.Since I know exactly what happened,to me should have been preventable,but thats not how safety sees it.If you hit a deer,its non preventable,but if you hit another object,it becomes preventable,and since they saw fit,I'm no longer with FDCC.

?????

You've been one of the best "E" Unit drivers from FedEx on this site for quite a while. What gives???

**nightcreacher** · 03-05-2010, 05:04 PM

Don't ever swerve to miss anything,deer,car,maybe a person,but in swerving, and you hit another object,it becomes preventable.If your pull out to let a car on the highway from and on ramp,and you get hit from behind, it also becomes your fault,at least thats how CHP's see it.California highway patol officers do not want you to pull over to let someone on the interstate.
By the way,I was running 45 mph just coming out of construction when I hit this deer,what really makes me mad,he turned around, jumped back over the guard rail, and disapeerd in the night

**dletheridge** · 03-05-2010, 05:18 PM

On the surface, hitting a deer is non-preventable.
On the surface, hitting a stationary object is preventable.

What I was told one time was that when there are two or more distinct incidents (hitting a deer, hitting a stationary object) the determination is going to be on the preventable side.

Cause and affect has little to no bearing on it.

You can try to appeal the decision, but be prepared for a fight.

**aileron** · 03-05-2010, 05:32 PM

Steve, sorry that this happened to you. I hope you find a company worthy of your service. You are one of the best drivers out there that I know. Good luck, my friend.

**jaminjim** · 03-05-2010, 05:56 PM

Originally Posted by nightcreacher

Don't ever swerve to miss anything,deer,car,maybe a person,but in swerving, and you hit another object,it becomes preventable.If your pull out to let a car on the highway from and on ramp,and you get hit from behind, it also becomes your fault,at least thats how CHP's see it.California highway patol officers do not want you to pull over to let someone on the interstate.
By the way,I was running 45 mph just coming out of construction when I hit this deer,what really makes me mad,he turned around, jumped back over the guard rail, and disapeerd in the night

Did they cancel your lease for one preventable accident? Sounds like I would have listed it as a Non-Preventable based solely on what was said here.

Sorry to hear about your misfortune.

**nightcreacher** · 03-05-2010, 06:20 PM

almost 3 years ago i was acused of knocking down phone pole and tearing wires from house.no money was paid out,i said it never happened,but still got chargable
second one,I took to court and it was thrown out,still got chargable
only way i could have prevented this was to get there ahead of the deer.
I have no hard feelings,fdcc is still a great company,I'll be ok

**Bruno** · 03-05-2010, 08:03 PM

Come on over to Panther Steve. You will be happy over here. Panther has alot of Roberts Express people so you will feel at home.

**jaminjim** · 03-05-2010, 08:51 PM

For those that voted that the accident was a preventable accident,would you care to give your thoughts on why you feel that way. Not saying your right or wrong, just curious how you arrived at your decision.

**Bruno** · 03-05-2010, 09:03 PM

I voted that I feel that it is a Non Pre-ventable accident. You can't prevent a deer from running out in front of your truck. The damage the deer caused to Steve truck pushing the bumper in the steer tire was something he couldn't prevent. When that happened Steve had no control over the truck because of the deer. That would be like a man driving down the road with his wife and they hit a deer then they hit the guard rail with their car and it kills the wife in the car. Should the police charge the man with murder.