This is the first in a six-part series regarding proper precautions companies can take to help a fleet survive a potential lawsuit should an employee become entangled in an accident claim.
Given the time and expense of defending a lawsuit – regardless of whether the suit has merit – what are the steps to take to avoid the possibility of a suit, or if sued, to mount an effective defense? Discussed are the major grounds for liability, key steps in the claims process, and preventative measures that can help minimize liability.
To minimize liability, fleet managers can:
- Implement PM programs to avoid maintenance-related accidents.
- Develop and enforce policies addressing use of cell phones, GPS, telematics, and other electronics.
- Provide periodic driver safety training and keep records of such training.
- Screen driver motor vehicle records, in compliance with local law.
In future columns, we will address:
- Two legal theories relevant to fleet users.
- Responding to an accident.
- Key steps in a claims process.
- Evaluating whether to settle or go to trial.
- Avoiding problems with preventive measures.
(originally published in “Fleet Financials,” July/August 2010)
Practice Areas: Complex Business Litigation and Arbitration