Accident Exposures: Do you know what to do and what NOT to do?

We live in a Litigious Society today. One of the main issues that can render a company out of business is a vehicle accident is not handled correctly. It begins with having a formal Accident Handling Policy. An untrained driver’s statement can save or bury a company in liability. Informal policies are no longer acceptable. The fact is that if you have informal policies, you have no policy. There is lack of verifiable proof that every driver or employee has been furnished with the policy and understands them. They should be furnished with a formal policy providing appropriate procedures of how to handle an accident. 

Many court venues are extremely liberal today. Jury awards often vary significantly based on specific court venues. Such settlements can vary by millions of dollars. Theories of liability and culpability can also vary. 

The theories of Liability vary. Plaintiff attorneys will often attempt to establish that a company or driver acted with a disregard for safety by their egregious actions. A determination of Negligence can bury a company in and expose the company being exposed to additional damages.

Companies are exposed to:

• Negligent Hiring
• Negligent Training
• Negligent Entrustment
•  Negligent Retention

To protect your company, you should:

• Implement a formal policy (Be careful! Have it reviewe3d by an expert or a Civil Transportation Litigation Attorney.)
• Furnish all newly hired employees with the company policy and procedures and review the policy at safety meetings.
• Encourage drivers to take ONLY appropriate photos.
• SILENCE IS GOLDEN!!!!! Drivers should not provide a full disclosure to enforcement directly after n critical or major accident. Drivers are often in shock immediately following a crash.
• Have the phone number of a TIDA (Truck Industry Defense Association) attorney on file.
• Have attorney report in person at the scene of any critical or fatal crash. They will protect the company and driver and help report to Police Agency to make a statement later.
• Instruct drivers on proper accident photography and what photos are recommended.
• Photos should be submitted to the company and attorney
• Remember that emails, text messages, notes, recordings, driver statements, witness statements, drawings, accident and other forms and photos are “subject to discovery” rules!! You must maintain such information IN CASE of Litigation.
• Review accident policy and procedures at safety meetings.

Driver Responsibilities at scene

• STOP- Activate lights, set parking brake, shut down engine, gather composure.
• PROTECT- Protect the scene and set up warning devices as required.
• ASSIST- Assist injured, but be cautious. It is often best to leave them in the vehicle for paramedics and EMT’s. In the case of fire or risk of drowning exercise caution getting them out. 
• REPORT- Report the accident to the Police and Company immediately.

What drivers should NOT do when involved in a major catastrophic event or fatal accident: DO NOT

• Readily admit fault
• Apologize
• Make statements to media
• Make full disclosure statements to anyone other than company representative or a representative of the company insurance carrier, who has properly identified themselves, or company attorney and basic information to the Police