Traffic accidents are always unwanted events for anyone, especially for truck drivers and transportation business owners. Trucks, with their large size and heavy loads, often cause more serious consequences in collisions. Understanding the truck accident procedure is crucial to protect your rights, minimize damages, and comply with the law. This article, compiled by experts from Xe Tải Mỹ Đình, will provide a detailed, easy-to-understand guide to this process, helping you stay proactive and calm when facing an unfortunate incident.
In the original article, we explored the general traffic accident resolution process based on Circular 63/2020/TT-BCA. However, as truck specialists, we will delve deeper into aspects related to truck accidents, providing more detailed and practical information, especially useful for the truck driver and transportation business community in Vietnam.
Initial Steps at a Truck Accident Scene
When a truck accident unfortunately occurs, the most important thing is to remain calm and take initial steps quickly and accurately. Here are the necessary steps:
1. Ensure Safety and Rescue
The top priority is to ensure the safety of yourself and those around you.
- Stop safely: Immediately pull the truck over to the side of the road or the safest possible location, turn on hazard lights, and place warning triangles to alert other vehicles.
- Check for injuries: Quickly check if anyone is injured in the accident, including people in your truck and other vehicles.
- Rescue and first aid: If someone is injured, call emergency services immediately at 115. If possible, provide initial first aid to the injured (if you have first aid knowledge and skills). Do not move injured people unless absolutely necessary, especially those suspected of spinal injuries.
2. Report the Accident to Authorities
After ensuring safety and rescue, the next step is to notify the authorities for assistance in resolving the incident according to the truck accident procedure.
- Call Traffic Police (CSGT): Call 113 or the local Traffic Police hotline to report the accident and its location. Provide brief, accurate information about the accident situation.
- Notify your insurance company (if applicable): If your truck is insured, contact your insurance company to report the accident and receive guidance on subsequent compensation procedures.
3. Secure the Scene
Securing the accident scene is crucial for the investigation by authorities.
- Preserve the scene: Do not move the vehicles or any evidence (unless to rescue injured people or ensure traffic safety).
- Take photos and videos of the scene: Use your phone or camera to record the entire accident scene, including the position of vehicles, license plates, vehicle damage, skid marks, traffic signs (if any), and other relevant factors. These photos and videos will be important evidence in the truck accident procedure.
- Exchange information with involved parties: Collect personal information (name, phone number, address, license plate, driver’s license, vehicle insurance) of those involved in the accident (drivers, injured people, witnesses).
Legal Procedures When Traffic Police Arrive
When Traffic Police (CSGT) arrive at the scene, you need to cooperate and follow their instructions to ensure the truck accident procedure proceeds smoothly and in accordance with regulations.
1. Cooperate with Traffic Police
- Present documents: Present all vehicle documents (vehicle registration, driver’s license, compulsory civil liability insurance certificate, certificate of technical safety and environmental protection inspection) for the Traffic Police to check.
- Provide truthful statements: Provide truthful and objective accounts of the accident’s diễn biến (course of events) to the best of your knowledge. Do not conceal or misrepresent the facts.
2. Provide Information and Documents
- Provide information: Provide complete personal information and information about the accident as requested by the Traffic Police.
- Maintain a cooperative attitude: Remain calm and cooperative with the Traffic Police during the process. Avoid unnecessary arguments or disputes.
3. Traffic Accident Report
- Read the report carefully: After the Traffic Police prepare the traffic accident report, read each item in the report carefully before signing to confirm.
- Keep a copy of the report: Request the Traffic Police to provide you with a copy of the traffic accident report as a basis for resolving related issues later. This report is one of the important documents in the truck accident procedure.
Truck Accident Investigation and Resolution Process
After completing the procedures at the scene, the truck accident case will be received by the Traffic Police and investigated and resolved according to legal regulations.
1. Investigation Timeline
According to Article 18 of Circular 63/2020/TT-BCA, the timeline for investigating, verifying, and resolving road traffic accidents is as follows:
- Ordinary accidents: The investigation, verification, and resolution period is 07 days from the date of receiving the report.
- Complex accidents: May be extended but not exceeding 30 days from the date of receiving the report.
- Accidents requiring further expert assessment or verification: May be extended further but not exceeding 30 days.
During the investigation period, the Traffic Police will collect evidence, take statements from involved parties, examine vehicles, and conduct expert assessments (if necessary) to determine the causes and faults of the parties involved in the accident.
2. Determining Cause and Fault
Based on the investigation results, the Traffic Police will determine the cause of the accident and the fault of each involved party. Determining fault is an important basis for resolving legal liability and compensation for damages.
3. Handling Administrative and Criminal Violations
- Administrative violations: If the accident does not show signs of a crime, the Traffic Police will issue a record of administrative violation to the at-fault party and issue a decision to impose penalties according to regulations.
- Signs of crime: If the accident shows signs of a crime (e.g., causing serious injury, death, serious violation of traffic laws), the investigating agency will initiate a criminal case to investigate and prosecute criminal liability according to the provisions of law.
4. Compensation for Damages
- Voluntary compensation agreement: The involved parties can voluntarily agree on compensation for property and health damages.
- Initiating legal proceedings: If a voluntary agreement cannot be reached, the parties have the right to file a lawsuit in court to request resolution of compensation according to civil procedure.
Important Note: For truck accidents, due to their complexity and often significant damages, legal advice and support from experienced lawyers is essential to protect your legitimate rights.
Conclusion
Understanding the truck accident procedure is essential knowledge for every truck driver and transportation business. We hope this article from Xe Tải Mỹ Đình has provided you with useful and easy-to-understand information. Always drive safely and obey traffic laws to prevent accidents. In the unfortunate event of an incident, remain calm and follow the handling steps above to minimize damages and ensure your rights.
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