John Doe drove his reefer into the restaurant dock area and was struck by a car driven by an employee who was late for work.
There was the “Trucks Only” delivery entrance to Fiesta Fresh dead ahead, and Doe slowed to a crawl.
He cautiously entered the tiny dock area behind the restaurant, flipped on his right-turn signal, and began a wide swing to the right, at 5 mph, in anticipation of parking by the loading area.
All was well... for a second.
Señorita Sofía Santiago, a sleep-dazed late-for-work waitress, sped wildly into the gravel-covered dock area in her magenta Camaro, looking for a shortcut to the employee parking area.
Seeing that Doe was turning across her hood, Señorita Santiago leaned on her horn, hit the brakes and started to slide. Doe saw a pink flash enter the yard and panic-stopped within a few feet but … WHUMPO! No bueno! Señorita Santiago's four-cylinder "muscle car" skidded right into, and slightly dented, Doe’s right-side saddle tank.
Was this accident preventable?
Doe received a preventable-accident warning letter from his safety director and appealed to the National Safety Council’s Accident Review Committee for a final verdict. NSC almost immediately ruled in Doe’s favor, noting that he’d proceeded with reasonable caution and was stationary when struck by the speedy señorita.
