Work Accidents – Out and about – who’s responsible if you have an accident off-site?

The average working day is changing. With a more transient workforce, there are often going to be times when you may be required to work ‘off-site’, whether that’s meeting with clients, making deliveries or collections or a number of other out of area visits in an average working day. So while you’re out and about, who is responsible if you have an accident?

Duty of care?

During a normal working day, your employer is responsible for your safety and well being whilst in the execution of your duties as an employee. This is commonly referred to as a ‘duty of care’ and extends to all employees, visitors and contractors whilst under the direct supervision of an employer. It means that the employer has to make sure that your working environment is a safe one, no matter what your line of work. That can encompass everything from ensuring that ergonomic assessments are carried out in an office to reduce the possibility of eye-strain or RSI from continued use of a keyboard, right through to safety issues on a building site.

Therefore, if you are visiting clients on premises other than your normal working site, that duty of care is shifted onto the business owner you are visiting. It is their responsibility to make sure that you are safe and that your well being is catered for during your time at their location.

But out and about, it’s a different matter. Company vehicles are classed as part of the employer’s business premises (which is why it is illegal to smoke in a company car, for example), so your employer has a responsibility to ensure that the vehicle you are driving is road-worthy and safe to operate. If an accident on the road can be directly linked to a lack of routine maintenance of a company vehicle, it could be argued that the employer has failed in their duty of care towards their employee by providing them with a faulty vehicle to use in the execution of their daily work and potentially a claim against the employer could be made. But obviously, the full extent of the circumstances would need to be taken into consideration before this could be pursued, and could be difficult to prove.

Taking responsibility?

However, not only does the employer have a responsibility to ensure the safety of his or her workforce – the employees have a similar responsibility too. How you carry out your job has a direct effect on those around you (hence the ‘how’s my driving?’ stickers often seen on the back of company vehicles). If your negligence or poor driving, for example, causes a road traffic accident, both you and your employer could be technically held responsible and subject to a personal injury claim from a third party. The proliferation of Health and Safety at Work legislation has been the cause of much derision from many people and is a constant source of outraged headlines complaining of a ‘nanny state’ in the media. But those laws exist to protect and ensure the well being and safety of everyone. Breaches in those laws through negligence, whether on-site or off, can result in legal action being taken against either a company or an individual. Who is ultimately responsible for an accident while away from your normal place of work is a very gray area and needs expert advice, depending on the circumstances surrounding the incident. But because of the seriousness of the question, it is something that everyone needs to be mindful of when working away from ‘base’. Out of sight should never mean out of mind, and ultimately it is the employer’s responsibility to ensure that their workers are not sent into dangerous situations or given faulty machinery such as company cars or vans with which to carry out their daily tasks.

http://staringfrog.com/jobs/2010/07/work-accidents-out-and-about-whos-responsible-if-you-have-an-accident-off-site/

How's My Driving?

In the following blog a driver was cut off by a commercial vehicle that almost caused an accident. Drivers should not hesitate to call toll-free number in How's My Driving? safety decals to report erratic driving behavior. This will ensure that drivers with at-risk behavior are corrected before it's too late.

http://tampalivingbyjamie.blogspot.com/2010/03/hows-my-driving.html

Layover.com: How's My Driving? Dial 1-800-...

Layover.com: How's My Driving? Dial 1-800-...

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"how's my driving?" bumper sticker

The following driver felt frightened by a driver's behavior. This motorist did the right thing. Called in and reported the incident.

"So, I'm driving home from a trip I recently took and this man driving a tractor trailer cut me off in traffic. I had to slam on my breaks and swerve to avoid hitting him. He also moved over to the far left lane, and trucks are not supposed to be in that lane (as per NY state rules on this particular highway).
He had one of those "How's my driving?" Call 1-800-333-SAFE (I totally made that up, so don't even bother calling) bumper stickers on the back of his truck. I called it and reported him. After calming down, I did feel a little bad (okay, like a bitch) for calling, but at the same time, he deserved it.
For Debate:
Have you ever called one of those numbers?
Should I have reported him?
What would you have done?
Are those stickers useful?

~Kate"

http://community.babycenter.com/post/a21716017/hows_my_driving_bumper_sticker?cpg=1&csi=2119486222&pd=-1


EMBARK SAFETY RESPONSE

Kate,
You made the right decision by calling in and reporting the erratic driving behavior of this driver. Once an incident like this is reported, a report is sent to a fleet or safety manager who will take immediate action to discuss the incident with the driver. These How’s My Driving safety decals are very useful in keeping unsafe drivers off the road, which ultimately benefits all motorists. I work for Embark Safety which specializes in proving fleets with these “How’s My Driving” safety decals in order to monitor drivers’ behaviors and reduce fleet related accident rates. Some of our clients have benefited by reducing up to 40% of their annual accidents.

I’d like to encourage everyone to keep it up reporting these unsafe drivers – DO NOT FEEL BAD… This is for the good of road safety. Good Luck!!!

Let me know if you need additional information about our safety program. info@embarksafety.com

Hows my driving? Call and report? You betcha.?

In the following blog, a motorist who felt threatened called in and reported the erratic driving behavior of a fleet driver. This confirms the efficacy of “How’s My Driving?” safety decals and why crashes are caused by drivers' habits and practices, not by their lack of technical knowledge. Once a “How’s My Driving?” safety decal is placed on fleet vehicles, fleet drivers know that they’re being watched, which instantly creates a higher degree of accountability and safety awareness.

Keep it up reporting unsafe drivers!!!


Hows my driving? Call and report? You betcha.?

“I had a close encounter with a truck driver. I made the mistake of taking the right of way as he was trying to get on the highway, so he proceeded to pull up to my vehicle and use the power of his 18 wheels to push my compact car out of his way. Unfortunately, the truck driver road ran into another car on the on ramp which gave me enough time to snap a photo of his license plate and the number to call about his driving.
So I called the number and reported him. It turns out the driver has had a history of complaints and the guy at the report desk told me that "this call from you is his last." The next step is to file charges with the authorities. Road rage is a crime and he is not getting away with it. And it is a call to all of you that have been bullied by truck drivers. Call that number. Speak up. Don’t be intimidated. If you don’t truck drivers will continue to act as if nothing can be done and it doesn’t matter. My wife was in the car with me and he endangered the lives of two people with his reckless and dangerous behavior. The road is not a wrestling mat.
I don’t mean this as an attack on all truck drivers. With my wife in the car and that guy acting like that, and it is not the first time, enough is enough.
I also got two witnesses and a police officer who saw what happened. Just in case he tries to deny the charges.
I appreciate most of the answers. But as you can see there are a few threatening comments about the truck driver hunting me down- just the kind of thing that intimidates other drivers from reporting these acts and allows some truck drivers to get away with their continuous road rage. By the way, I have driven many types of vehicles, including trucks safely.
Notice that every person who disagrees with me as threatened me with violence- either retaliation from the driver or from themselves. Can’t we have a civilized discussion without being threatened? There are other ways to persuade a person to your side of an argument without threats- or ramming your truck into other vehicles on the road.”