Post-accident, drivers feel the human need to give a reason the accident happened. However, the “reason” can often be a confession…and can lead to civil liability or even criminal charges.
WHY IT MATTERS: Civil fault and criminal charges are often based on what a driver says to the officer immediately post-accident. Too many drivers believe that they will be absolved if they come up with a “reason” for the accident. Wrong. Very wrong.
THE SPECIFICS: A “reason” rarely if ever gets a driver out of fault for an accident. Instead, it can result in their (and your) legal liability for the accident. In the worst of cases, it can create a basis for criminal charges.
When I present at driver meetings, I emphasize for drivers to limit what they say after the accident. I don’t care what the driver on the stool next to them at the truck stop once said—they are not going to talk yourself out of trouble. More often (always?), they are going to talk themselves into trouble.
I make sure they know that there is a crucial difference between a “defense” and “an excuse”.
A “defense” is a legally recognized reason why they are not at fault. These are usually things that are sudden, unexpected, and could not be prevented with reasonable care.
A sudden snow white out. A sudden blinding by glare or sun. A sudden mechanical failure such as blown tire or failed brakes without any prior indication.
Get the idea. “Sudden”. “Unexpected”.
An “excuse” is something they shouldn’t have done or should have anticipated. “In my blind spot” is generally an “excuse”, not a “defense”. Just ask those of us trained in the Smith System.
Momentary inadvertence is generally an “excuse”, rather than a “defense”. As a commercial driver, they are responsible for vigilant observation as they drive on the highways.
I drive the point home by telling them of the driver who, after a rear end fatal accident, told the police that he didn’t see the stoppage ahead because he was reaching for a candy bar. That “excuse” got him charge with homicide by vehicle.
Similarly, tired or fatigued is an “excuse”, not a “defense”. Another driver who ran into the a line of stopped vehicles resulting in multiple deaths told the police that he must have fallen asleep. An “excuse.” Three years for homicide by vehicle.
It is better to say nothing but the barest of facts rather than a “reason” that is a culpable excuse.
THE BOTTOM LINE: Make sure your drivers know the difference between an “excuse” and a “defense.” For their sake. And yours.
