ARTICLE
Presentation (PDF) Open in New Window Handout - Accident Procedures Form (PDF) Open in new window Handout - Distracted Driving (PDF) Open in New Window Handout - 15-Passenger Vans (PDF) Open in new window Managing your fleet for safety & operational efficiency Managing your drivers • Every year, more than a million people die worldwide from traffic accidents. • Last year, there were roughly 33,000 such deaths in the U.S. • Your business is in charge of managing who they put behind the wheel What is Negligent Entrustment? • Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. • The cause of action most frequently arises where one person allows another to drive their automobile. • Case Studies The Legal Terms • The key allegation that must be proven in such a case can be described as follows: • “A plaintiff who invokes that doctrine must present evidence which creates a factual issue whether the owner knew, or had reasonable cause to know, that he was entrusting his car to an unfit driver likely to cause injury to others. Furthermore, in order to impose liability upon the owner, the plaintiff must prove that the negligent entrustment of the motor vehicle to the tortfeasor was a proximate cause of the accident.” Elements of a charge • There are certain elements that can create a negligent entrustment charge; such as, a company or employer can be found guilty of fleet negligent entrustment, if: • The driver of the vehicle is found to be incompetent. • The driver was negligent • The driver was not legally authorized to drive the vehicle • The driver was proven to be inexperienced What can you do as a company? • Motor Vehicle Reports – Every 6-12 months on all drivers – Why? – Intellicorp • Driving Standards • In order for a driver to be approved, the following criteria must be met: – Maximum of 1 moving violation in the last three years in combination with one at fault accident. – Maximum of 2 moving violations in the last 3 years with no at fault accidents. – Maximum of 2 at fault accidents in the last 3 years with no moving violations. – No speeding over 80 miles per hour. – All drivers must be licensed for at least 3 years. • Any driver with any of the following in the last 3 years is unacceptable: 1 . Suspension or revocation for other than failure to pay fines. 2. Driving under the influence of alcohol or drugs. 3. Careless Driving. 4. Negligent homicide arising out of the use of a motor vehicle. 5. Operating during a period of revocation or suspension. 6. Using a motor vehicle for the commission of a felony. 7. Aggravated assault with a motor vehicle. 8. Operation of a motor vehicle without owners’ authority. 9. Operating a motor vehicle while unlicensed. 10. Speed Contests. 11. Any other criminal use of a motor vehicle. • Experience with type of vehicle – PHLY guide to conducting road tests – 15 passenger document • Defensive Driver Training • Driver Supervision – Safety First – Teletrac – Rosco systems Written Policy • Incorporating policy – Who can drive – Guidelines for routes – Pick up and drop off – Safety considerations • Sign • Test Cell Phone and Device Policy • Not permitted in the state of Ohio – http://codes.ohio.gov/orc/4511.204 • Policy should include – Useage – Acknowledgement Other considerations • Safety of passengers • Apps – AT&T Drive Mobile – DriveSafe.ly – Textecution Other Collision Factors • Maintenance – PHLY Inspection Checklists • Tire gauges • Documentation of Repairs and Maintenance • Other Drivers – Defensive driver training • Passenger Distractions – Internal incident reports Other Considerations • What to do in the event of an accident – PHLY brochure – Documentation of incident and corrective action • Retraining • Removal from driver list – Negligent entrustment Case Studies • Driver selection • Driver error • Speed • Passengers • Examples Kelly Sirk Kelly.Sirk@phly.com 614.716.8818 Risk Management Services Consultant