One of the most terrifying situations a company can endure occurs when there’s a collision in a company vehicle. First and foremost, the obvious concern for safety can take over the entire office. Even if the collision was minor, the emotional journey through a situation like this is not an easy one. The last thing an owner or manager wants to think about is employer accident liability. To make sure you can keep focused on what matters most, consider this guide to make sure you are not at risk in the case of a work-relation collision.
1. Employer Negligence
This is usually pretty straightforward, yet a lot of companies get busy and may not implement the proper procedures to make sure an employee is prepared to drive a company vehicle. The first thing a company should do when determining if an employee is fit to drive a company vehicle is to check to make sure he or she has a valid commercial driving license that’s in good standing. A suspended license paired with an employee driving a company vehicle is a recipe for disaster.
Beyond that, good companies will also check the employee’s previous driving record and make sure no serious red flags pop up. Incorporating a drug test into the hiring process for drivers can also reduce risk. Lastly, getting a waiver signed by the employee stating he or she is comfortable and able to drive this vehicle can add an extra layer of protection to this process.
2. Negligent Supervision
Negligent supervision involves situations where employers aren’t providing, monitoring and enforcing safety laws. All employers should have standard safety policies and procedures in place for any driving employees, or they may find themselves at risk in a collision. Periodic checks on log books required by federal law ensuring cargo is weighed and loaded correctly should be monitored by employers to make sure drivers are in compliance. Other routine safety checks on commercial fleet vehicles should be implemented or else a company may find itself under the gun for negligent supervision.
3. Vicarious Liability
Vicarious Liability can be a bit of a tricky one. In a nutshell, it means that an employee may not be liable if he or she gets into an accident if he or she was acting strictly on behalf of the employer. So, if an employer sends an employee out on an errand even though the weather conditions are horrendous, an ensuing collision may put the employer at risk, even if the employee was properly trained under normal conditions. However, if the employee took a faster but more dangerous route, against the instruction of the boss, then the employer would likely not be liable in this case.
In this situation, using sound judgment is usually a good guide for understanding vicarious liability. Don’t send an employee out to do anything that is unsafe, unwise, or an any way something that you wouldn’t do yourself, assuming both you and your employee have the same level of training. Even still, being aware of how vicarious liability works is a smart move for an employer who routinely sends employees on specific tasks in commercial vehicles.
Thanks for reading through these 3 tips on employer accident liability! We hope they help you understand this concept better and add value to your company through safer policies and procedures. Remember, when it comes to employer liability in a collision, ignorance is no excuse! Get your processes in place and routinely check in on things to make sure you aren’t being negligent.
