Friday, July 25, 2014

Do you and your Insurance Company know your liability?



Do you and your Insurance Company know your Liability?


Traffic signs are everywhere. They provide us with warnings, directions and information. They can be found along public roadways, private roadways and parking lots. As of June 13, 2014 all agencies with public and private roadways which are opened for public travel are required to have a traffic sign assessment and management plan in place.
I know what you are thinking, that’s great the government has more paperwork to add to their already inflated bureaucracy. Though that may be the case, if you are a commercial or industrial business, mall, shopping center, home owner’s association, convenience store, gas station, just to name a few, with a parking lot or roadways, you should be preparing for traffic sign Retroreflectivity.
Why should you be concerned or taking note of traffic sign assessment and man
agement? Well simply put if you allow motorists to drive on your property, which would almost be impossible not to, you are entering new realm of possible liability.
You along with your Insurance Company should know what the failure to prepare and plan for traffic sign assessment and management can mean. I bet most agencies and businesses don’t even know what traffic signs are their responsibilities.
Why don’t you humor me and let me give you an example how this can affect you. When your property was built, more than likely you or the owner at the time had to obtain a driveway or highway occupancy permit to enter and exit the public roadway. More than likely your plan had a stop sign at the entrance, no big deal, right? Wrong, if a driver leaving your property pulls out into the path of an oncoming vehicle and there is an accident, one of the things that the investigating agencies will be looked at is whether the proper traffic signs are in place and in operational condition. They will look at the signs in helping to determine who is at fault. Maybe not a huge deal if it is a fender bender, but what if there are major injuries or even worse a death. Now you can be certain the insuring parties, or family of the injured or dead are going to be looking for someone to pay for the damages and pain and suffering.
Get my point! In the example above we are only talking about one sign, a stop sign. Let me ask you a few things that the investigators will probably asking.
Property owner, what was the date the stop sign was installed?  Do you have records of the purchase? Did the stop sign meet the highway traffic sign standards at the time of installation? Where did you purchase the sign? Was it installed to the proper height and mounting standards as required by the highway standards? When was the sign last assessed for compliance?
Holy cow! As a property owner how would you know any of that information? Simple: a traffic sign assessment and management program.
Now many permit and civil plans for properties have more than one stop sign on them, many have multiple signs. Did you also know that some state, county and local agencies add wording to the permit plans that give responsibility for the new roadway signs added during construction to the property owner. I know, you are asking why, would they do that. Simple, alleviate or pass the responsibility to someone else. Smart on their part, but bad for you and you insurance company.
The MUTCD (Manual on Uniformed Traffic Control Devices) is about to make all of our lives a little bit more interesting. I believe the door is opening for a flood of liability claims relating to traffic signs. The MUTCD and Federal Highway Administration have stated that private roads open to public travel are required to meet provisions of the MUTCD, including the minimum retroreflectivity standards. I know some people will argue that parking lots are not included, however I believe this extends to parking lots. My logic behind this is that there are drive lanes in a parking lot and what is a drive lane other than a private road. But hey I will let the lawyers argue that point in court.
A statistic obtained from Auto Insurance quotes.com, indicated that Nationwide Insurance’s 2012 claim data showed 13 percent of all accidents occur in parking lots. During my research I have found that injuries to pedestrians are one of the fastest growing types of accidents which occur in parking lots. So my next question is are your Pedestrian crossing signs compliant?
As you can see, I am trying to make a point, if you do not have a traffic sign assessment and management plan in place or think that it can’t happen to you all I can say is good luck. But just remember an implemented plan may be the cheapest insurance you could purchase. 
                
Dave Gemmil
D. E. Gemmill, Inc.
1-866-755-9794

Monday, June 30, 2014

Retro Reflectivity - Do you really know how this can affect you?



          
Retro Reflectivity
Do you really know how this can affect you?

June 13th 2014. Do you know what this date means to you, as a municipality or private property which is open for public travel? If you have no idea what I’m talking about perhaps you better read a little further.


This is the date established by the Manual on Uniform Traffic Control Devices which requires all municipal agencies and private property, which is open to public travel, to have a plan in place to manage and assess their traffic signs.  You know commercial and industrial properties, municipal roadways or really just about any place that you may drive a vehicle.  WHAT?  I know most of you think I’m talking some kind of gibberish. Well get ready because this may affect you even more than you think. 

Right now everyone is asking what the heck is a traffic sign assessment and management program? That is a program that requires you to assess and manage your traffic signs beginning with regulatory and warning signs while making sure that they are compliant with the current retro reflectivity standards associated with traffic signs. 

Again, everyone reading this is scratching their heads and asking whether or not I should be committee, simply because most of you have never heard of traffic sign retro reflectivity.  

Okay, okay, let’s go to the beginning. Traffic sign retro reflectivity is defined as how a light source is reflected off of the traffic sign surface and returned to its original source. When this occurs it makes the sign visible to the driver. This does not necessarily have to be during nighttime conditions, but anytime a sign is being viewed. This could be during inclement weather, or even during the day when sunlight is being reflected off the sign face and making it visible to the motorists.

By now most of you are saying a traffic sign is a traffic sign, they put it up when they build the place or the road and then who cares about? Well if you are municipality or the owner of a property that has the traffic signs perhaps better perk up and get ready to care! I guess I only need to say a few words and those words are “TORT LIABILITY”!

The definition of tort liability as defined by business dictionary.com is as follows, “A legal obligation of one party to a victim as a result of a civil wrong or injury. This action requires some form of remedy from a court system. A tort liability arises because of a combination of directly violating a person’s rights and the transgressions of a public obligation causing damage or a private wrongdoing. Evidence must be evaluated in a court hearing to identify who the liable party is in the case.” 
 
Let me simply explain this in layman’s terms. If you are responsible for traffic signs, whether you are municipality or a private agency and you neglect your responsibility to maintain those signs and keep them compliant with the current regulations, you can be sued. Traffic signs all have a life expectancy and there are many variables which contribute to how long a sign will remain compliant. Some of these contribute factors are weather, sunlight, the materials used to construct the signs along with many other things. 

I think you’re going to find there are a lot of people that are going to start caring about sign retro reflectivity. Probably the two biggest are attorneys and insurance companies. Why? Because, they have one of the largest stakes in these rules and regulations! If you are not compliant your insurance company may be the one footing the bill for the injuries or damage caused by not being compliant. Attorneys will have a huge stake in either defending or bringing legal proceedings against you or your insurance company. Either way this can be costly. 

Many people don’t even think they’re responsible for their traffic signs. Well think again. If you need a driveway or Highway Occupancy Permit to put an entrance into your property or business and there are signs on those drawings or permit, you may have accepted the responsibility for those signs. In some cases some state, county and local agencies place the responsibilities for traffic signs which are added on the roadway to the property owner. These could be simply a Lane control sign for a turn lane added to access the property or a simple stop sign at the entrance requiring people to stop before they exit the property. If an accident occurs and your sign is not compliant I tend to believe that you may be liable or the very least may have to spend a lot of money defending yourself. 

And then there are municipalities. Technically if the sign does not meet the current requirements, how can they enforce the rules and regulations associated with those signs? For instance if someone is caught speeding at night and the sign does not meet the retro reflective requirements, how can someone be fine for this offense? Hey, if you’re caught speeding on June 14th 2014, go to the municipality where the offense occurred and asked them to see their traffic sign assessment and management plan. If they can’t provide you with one, they are probably not compliant and you can fight the ticket and maybe get out of the fine or violation.

These items are only the tip of the iceberg. I believe that retro reflectivity of traffic signs and traffic control devices have far more reaching implications. Just drive around in any state, county or local municipality and look at the poor condition of work zone traffic control devices. According to most contracts and or regulations these items are to be compliant with current standards. Are they? I would be willing to bet, there are a large percentage that are not compliant. Is this another liability? That is very possible and I’m sure that the insurance companies and attorneys will figure it out, but not without a cost.

I have people telling me the same old thing this is just another thing that nobody is ever going to enforce. Or I’ve been told ah this is something new, I have plenty of time to comply. Well guess what, traffic sign retro reflectivity was addressed in a Congressional Directive in December 2007, stating that the Secretary of Transportation was to revise the Manual on Uniform Traffic Control Devices to include a minimum levels of retro reflectivity that must be maintained for traffic signs. That was seven years ago. Life expectancy of traffic signs can be as low as five years, in which case, you as the owner of the traffic signs should of replace them by now.

I think life is going to get a little bit more interesting when it comes to traffic sign retro reflectivity. So I guess every municipality and private property which allows access by the public has some choices to make. They can get on board and get into compliance, or maybe they want to type in “defense attorney” in their search browser keep their number handy.

Many people look for the writing on the wall. I look for the visible traffic sign, which most often gives me the direction I need. What direction will you choose?




Dave. E. Gemmill
 D. E. Gemmill, Inc.

Wednesday, May 21, 2014

Thank You Public Works Professionals



Thank You Public Works Professionals 
Colleen Gemmill

    As we go about our busy lives, we tend to not notice all the people it takes to make it possible to do everything we do daily. For instance: have you ever wondered how that water gets to your faucet? Or how do those roads get plowed? These and many others are the result of the many men and woman in the Public Works Department of your local municipality.
   
  Although the responsibilities may differ from one municipality to another, the main purpose of the Public Works Department remains the same. They are responsible for public roads, parks, water, trash, sewer, and in many cases the maintenance of municipal buildings and courthouses. These men and women repair roads, fix water pipes, pick up our trash.

  Along with all the everyday tasks you can also find them out in adverse conditions. They come out in storms to clear roads of snow, clean up debris and help emergency responders. 

  While they do all these things to make our lives easier, appreciation for their efforts is rare. As a matter of fact, many of their attempts to make our infrastructure better are met with angry motorists, horns blaring and residents calling to complain that they aren’t getting to their problem fast enough. Let’s take the time to change this by showing our appreciation for what they do for us.

 National Public Works Week, May 18 – 24, 2014, gives us a perfect opportunity to thank those who spend their days and nights working to make our lives easier. So when you see your Public Works personnel out say "Thank You!" or better yet offer them a coffee or cold water. After all they are the reason you are able to have water to your faucet, drive to various destinations on roads free of snow and get those trees out of the way during and after storms.


 
 

Friday, May 16, 2014

Emergency Accident Scene or Work Zone? You Decide!



Emergency Accident Scene or Work Zone? You Decide!

I would like to say thanks to all of the emergency responders who respond to incidents at any time of the day or night. I know that the majority of those incidents are many times traffic accidents or MVAs. (Motor Vehicle Accidents). As a former volunteer fire chief, I can assure you that you never know what you will encounter when you arrive on an incident scene. Many vehicle accidents occur during the morning and evening commutes when traffic is at the highest volume. Then there are the accidents that occur in the middle of the night, and many times involve impaired or fatigued drivers. No matter what the circumstances, the safety of the emergency responders becomes a priority as soon as they hit the road to respond to the incident.
Incident commanders, fire chiefs and management personnel should be pre-planning how they will perform their number one priority: protecting their personnel. Ok, I know what you are thinking, the fire department’s job is to get to the accident scene and take care of the injured, get out the “Jaws of Life” and cut the vehicles apart, or put fire out. I beg to differ. In my training in the emergency services field, I learned several things that you as a first responder should consider. First you did not cause the situation to which you are responding. It is not your fault, you have been dispatched to provide assistance. Second you can-not change the circumstances which have already occurred, but what you can do is try and mitigate the situation and protect your personnel so that no one else becomes injured or harmed.
One of the MVA situation which I considered to be the most dangerous were major thoroughfares consisting of two lane, two way roadways. Many times these roadways have multiple built in hazards that can’t be changed. Some of these items are cross streets, hidden intersections or driveways, blind spots created from vegetation, hills and knolls of the natural landscape and winding curves in the roadway. In rural environments there are also added hazards from the lack of street lighting at night. Many rural roadways also have limited traffic control devices that assist in reducing the speed of vehicle traffic, such as intersections with traffic signals. Drivers which travel the road on a regular basis do not expect or anticipate unexpected situations such as vehicle accidents or the presence of emergency personnel and vehicles.
That brings us back to the question, “How can I, as an emergency responder warn the traveling public of a dangerous or unexpected situation?”, which they are about to encounter. More importantly the questions should be, “How can I warn the public that I am placing my personnel in harm’s way” and they need to be aware of the impending situation.
There are some very quick, easy and basic things you can require of your team. The easiest thing you can do is place "Emergency Scene” or “Emergency Incident” signs ahead of the incident. Yes what I am about to tell you is going to disturb some of you, and will likely make you want to tell me that I am crazy or that maybe even an idiot. My policy, when I was Chief and responsible for the safety of my team was as follows. We equipped our trucks with “Emergency Scene” signs. Yes, compact, fold up, emergency scene signs that fit into a standard fire truck compartment. Our policy was that the first in truck stopped at the last intersection prior to the incident scene or at an intersection prior to the scene.   The officer in charge determined and provided enough advanced warning to the approaching drivers of the incident. Yes, you heard me, the first in truck stopped and did this. I know what some of you are thinking, we have to get to the scene and handle the emergency. We do not have time to waste setting up an emergency scene sign! I am here to tell you that you do not have the time NOT to stop and perform this operation. In my department we trained on this procedure, just like you train to put on an SCBA (Self Contained Breathing Apparatus), and you know what, our staff was able to deploy the signs in 25 to 40 seconds. I know some of you are still saying but that is still time wasted. Really! My response to you is this, which is the same thing I told the doubters on our team when we implemented the procedure. If you don’t have the time to drop the sign, how will you ever have enough time to drive to your team member’s home and tell their loved ones that your team member has been seriously injured or killed? How will you have time to send that person to rehabilitation therapy, or plan a funeral?! Now I am not a betting man, but I will take the bet that 30 seconds of your time is easier, and worth more, then having go through losing anyone of your staff, for even a short period of time, let alone forever.
The next step is as soon as possible after arriving at the scene would be to send one staff member in the opposite direction from how we approached the scene. Their task was to setup an emergency scene sign for traffic approaching the scene from the opposite direction. We wanted this sign to be at least 250 to 500 feet in advance of the emergency scene. This is depending on prevailing vehicle travel speeds, the terrain of the incident location, weather conditions and the incident itself. Remember your number one priority should be to warn the public that you are causing disruption to their travel path and they need to be alert for emergency personnel. Next we placed cones to delineate the incident zone, and in Pennsylvania, we had fire police flag traffic around the incident scene.
To expand on this, it would be great if every EMS (Emergency Medical Services) rig and every police vehicle carried the emergency scene signs so that anyone coming from any direction could stop and place the signs to warn motorists of the impending situation.
Now there are many other things that have been incorporated into helping protect the emergency responders. Personal visibility, yes we had everyone on the scene wearing type 3 reflective vests over their turnout gear. You need to make sure that they are visible to the traveling public.  This is not rocket science.  These are basic safety procedures adopted from construction work zones.
Incident Commanders, Emergency Responders and Legislators all need to consider the risk that emergency personnel are placed in each time they respond to a roadway incident. I have discussed the basic safety procedures which I believe should be minimum requirements when arriving at an emergency scene of an MVA. Now I want to discuss some of the things that place our personnel in jeopardy longer than required.
First, let’s say that you arrive at the scene and establish your signage, cones and begin flagging. The Police, Fire, EMS and let me include Legislators, yes Legislators need to come together and determine how we remove the incidents as quickly as possible from the travel lanes of the roadway. I know, with all the litigation, and determining who is at fault for this or that we need to investigate the incident. I understand that, but this is not 1980 anymore. This is 2014 and we operate in a technical world. Remember every minute that any of these first responders remain on that roadway the chance increases drastically for a secondary incident, and the potential for injury to first responders, the public sitting in congestion, or perhaps they have exited their cars to try and see what is happening up ahead, and let’s just say anyone in the vicinity of the incident.
Let me start with the Fire service. Look incident commanders, get on the scene and determine what you need. Do you really need four pieces of fire apparatus parked on the roadway? Do you need to create an incident zone 4 blocks long, or can you release all but one of those pieces of equipment from the scene. Less people and less equipment reduce your risk for injury. Hey, and I understand that many places in Pennsylvania have first responders arriving in personal vehicles, but as soon as you don’t need them on the scene get them off the roadway and send them back to the station.  Remember it is all about not risking their lives.
Then there is EMS.  Most of the time they are in and out with patients or sign offs, but when they are done send them on their way, get them off the road. They don’t need to sit there and have a networking session with the Fire service.
Now the Police. Like I stated this is 2014. I understand the need for photos, reports and findings of who is at fault. But with all the technology out there is there not a way that we can photograph, film or somehow document the incident scene so that we can get the roadway cleared. I think it is time for the Legislators of the states to provide the police with the appropriate equipment to quickly remove the incident from the roadway and allow the use of technology for documenting purposes to help reduce the risk to these first responders. Do you know there are still places that the police need to respond to the accident scene before a tow vehicle can be dispatched? This is absurd! Dispatch a tow truck as soon as the first incident commander confirms the need for one. Also do we really need to have the vehicles on the road for the officer to begin their report or gather the insurance information?  I doubt it.
I believe the goal of all parties, Fire, Police, EMS and Legislators, should be to have the majority of incidents cleared within 30 to 45 minutes of arrival. If we can begin the discussion on how to reach this time frame on 80 percent of the incidents, do you realize how much risk would be reduced for the emergency responders and the traveling public?
The roadway is not the place for us to have a party, convention or social gathering. This is a dangerous place for anyone to be, so let’s get with the times. Everything is faster paced in today’s world, so why not quit rolling the dice with our personnel. Sooner or later the dice roll comes up losing. Get there, get done, go home, and live to respond another day!

Dave E. Gemmill
D. E. Gemmill, Inc.
866-755-9794

www.degemmill.com

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