Many dealerships allow their employees to drive cars sitting on the lot. This sounds like a nice perk, and it is for those working at the dealership. However, any driver can be in an accident. If the dealership employee causes a crash, who is to blame?
The actions of one employee can create significant legal problems for a dealership. For example, accidents caused by dealership employees can be a challenge. When a person is a victim of one of these crashes, what should they do?
Determining Negligence
The dealership is responsible for ensuring its employees are qualified to do their jobs. Failing to do so could lead to unnecessary harm or death. The dealership’s reputation could be destroyed, and it could face legal action. What constitutes negligence on the part of the dealership? When can it be held responsible for the actions of the employee?
Dealers must pre-screen employees to ensure they are trustworthy and able to perform their duties. Furthermore, they have to fire an employee when they know this individual is a danger to others. Finally, they must ensure each employee has a safe driving history before allowing them to drive dealership vehicles. If they allow a person with an unsafe driving history to drive a vehicle, they can be held responsible due to negligent entrustment.
Hiring Policies
Dealerships must have applicant screening processes in place to reduce the risk of losses incurred by employees. A consistent hiring process reduces the risk of an applicant being hired when they don’t have the necessary qualifications or background. Every check will be conducted to minimize the risk of these losses.
A reputable vendor must complete background checks to ensure nothing slips through the cracks, and all information contained on the resume should be verified. Follow up by reaching out to the references, even if the background check is clean. A driving record should also be pulled to learn about any past violations.
Dealers should take every applicant for a test drive to ensure they obey road rules. A physical exam should also be conducted to uncover any potential health issues that can prevent them from completing their duties. Furthermore, every applicant should be required to undergo a drug test. If an employer takes these steps and the employee causes an accident, they can show they used due diligence when hiring the individual. A dealer can never be too safe when it comes to protecting their company.
Remaining Proactive
The employer cannot relax once they hire an individual. This person must understand the standards and expectations regarding their employment. Every employee should be trained in workplace policies, and there should be zero-tolerance policies in place regarding alcohol and drug use, criminal activity, and more.
Driver safety training must be conducted regularly for those who drive dealership vehicles. Furthermore, the dealer needs to review employee driving records every six months to confirm these individuals are operating vehicles safely when not on the clock. Disciplinary action should be taken when an employee has a driving violation, such as revoking their driving privileges with dealership vehicles.
Upon completion of this training, employees must sign an acknowledgement form stating they will comply with all established policies. This form shows the dealership has taken steps to ensure employees are educated on proper behavior and actions. Employers should also immediately take action if a complaint is lodged against an employee and take the appropriate steps based on the results of the investigation.
Victims of accidents involving dealership employees need this information as it can help build a case against the responsible parties. Dealers should not be absolved if they fail to protect the public. With the help of an attorney, any person involved in an accident can ensure that those responsible are held accountable.
