Truck driver John Doe was driving in rainy conditions on a foggy, two-lane highway. Suddenly, an oncoming truck blinds Doe with high-beam headlights while also swerving into his lane. To avoid a wreck, Doe turned onto the shoulder only to lose control and hit the concrete barrier. Was this accident preventable?
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At 2 am, John Doe was rolling northward on a two-lane highway with a lumber-laden flatbed in tow. His wipers beat back a misty rain falling through the fog.
Noting a “Construction Ahead” sign, he reduced his speed to 50 mph. The highway appeared devoid of traffic and was bordered on both sides by a concrete barrier.
Rounding a blind curve, Doe was dazed by the high-beam headlights of an oncoming truck that was swinging wide to avoid side-swiping the barrier on the inside of the curve.
Traveling at 50 mph around a curve on a slick road, Doe realized he had little chance of panic stopping without jackknifing, so he headed for the narrow shoulder.
Doe lost control on its mush surface and struck the concrete barrier.
Doe contested the warning letter for a preventable accident he received from his safety director, claiming the other truck was solely to blame. Asked to intervene, the National Safety Council’s accident review committee upheld the “preventable” ruling, noting that Doe was clearly going too fast for conditions.
