Scenario: AJ Jones was driving the insured vehicle with permission and in the course and scope of his employment at the time of the collision. He was traveling on Highway 55 with one lane in each direction. Mr. Jones attempted to pass a tractor-trailer and did not see the motorcycle in the oncoming lane. Jones attempted to avoid the collision by steering his pickup to the left/ shoulder of the road. The motorcyclist had no opportunity to avoid the collision and struck the passenger side of the pickup. As Mr. Jones was in the course and scope of employment at the time of the accident, his employer is vicariously liable for his negligence.
The plaintiff alleges gross negligence by the insured for hiring Mr. Jones who had a prior criminal record, prior motor vehicle accidents, prior DUI conviction and a prior suspension of his driver’s license.
In the trial the insured admitted the issues identified in Mr. Jones record were in violation of their own hiring policy. Mr. Jones relative worked for the company and helped get him hired for the driving position. The investigation conducted by the insured’s human resource department revealed the back- ground information was never provided to the hiring manager.
The jury found the insured grossly negligent in hiring Mr. Jones. Under state law where the accident occurred the jury may award up to two times the economic damages plus an amount equal to any noneconomic damages up to $750,000.
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Could such a loss happen in your organization? The loss to a fleet that can result from hiring just one unsatisfactory individual makes the investment for selecting the best-qualified driver critical. Does your organization have procedures in place to confirm all the applicant’s information is provided to the hiring manager?
Employee selection is a one-time process. Even if driving is incidental to the job requirements, ensure that your hires are as good a driver as they are a craftsman. Qualification standards should be set that establishes minimum applicant qualifications for both the driving and non-driving duties of the position. When you set qualification standards, consider the following:
- Applicable statutory regulations
- Physical requirements
- Transferable work experience
- Required job knowledge
- Vehicle operating skills
- Safe driving record
- History of stable employment
- Reasonable attitude
Good employee selection takes time and costs money. Poor selection practices result in employees who are not totally satisfactory, who require more training, who take longer to attain satisfactory job performance and who have costly motor vehicle collisions. Moreover, as evidenced by the scenario above, poor selection practices can also result in significant litigation costs and damages. Remember, most fleets hire their problems!
Source: The Hartford Fleet Publication