Experience Files

As a business owner, remember that an ounce of prevention truly weighs more than a pound of cure. This adage applies to everything from proper training and meticulous documentation to working safely and being prepared for the unexpected. When it comes to your company vehicles, a little foresight can save a lot of headaches, and potentially, a lot of money.

Vehicle accidents are an unfortunate reality of doing business, making it essential to have clear discussions and even formal training on what your employees should do if an incident occurs while they're on the road.

Here's what you and your team need to know:

Immediate Actions at the Scene

• Call 911 immediately and report the accident. Emphasize that employees must not leave the scene. Fleeing an accident, even one involving minor injuries to the fleeing occupants, can be a felony in many states. If the other driver flees, your employee should remain at the scene and await law enforcement.

• Check on the occupants of the other vehicle, ideally while still on the phone with the 911 operator. If anyone appears to be declining medical assistance but is behaving strangely, or is visibly injured, request emergency medical evaluation. Let paramedics be the ones to offer and be declined medical attention.

• Take comprehensive pictures of the accident. This includes license plates, vehicle damage, and the surrounding environment. Pay special attention to any mitigating factors like overgrown bushes creating a blind spot, poorly parked large trucks, fog, or hazardous road conditions.

Notifying the Office and Managing Communication

• Contact the office after calling 911. This ensures management is aware and can notify customers about potential delays. Critically, the office staff must be trained not to ask questions that could elicit an "utterance" – a statement that could be used against your company later. For example, avoid asking "What happened?" if the answer might be, "I guess I ran the stop sign."

• Move vehicles to safety if there's minor damage and no obvious injuries, and your state's laws permit it. Many states have "fender bender" laws that encourage moving vehicles off the roadway. However, always take photos of the damage and initial vehicle positions before moving anything. Turn on four-way flashers.

• Gather information from the other driver: name, address, phone number, driver's license number, plate number, and insurance company name and policy number. Your employee will also need to provide their own information.

Protecting Your Company and Employees

• Act as if cameras are always on them. Employees should maintain a professional and calm demeanor. A viral video of your employee yelling at another motorist can be incredibly damaging.

• Do not volunteer any information to the occupants of the other vehicle. Avoid internal discussions or comments like, "I told you texting and driving was going to get us in an accident," or "I've been telling Jimmy we need a brake job on this POS." Many people view being hit by a company vehicle as a potential "lottery ticket," regardless of who is at fault.

• Employees should never apologize or say anything suggesting they were at fault. They are not qualified to determine fault, even if it seems obvious. So many mitigating factors can shift the determination of fault, and an utterance could be used against your company in court. Just keep quiet.

• Advise employees not to engage in "bravado" about injuries. If they are even mildly hurt, dizzy, or sore, they should admit it. Injuries often worsen over time, and downplaying them initially can lead to issues later.

• Pay close attention to any utterances from the occupants of the other vehicle. These statements could be helpful later.

• If towing is required, provide the tow company or law enforcement with an approximate weight of the vehicle. This ensures an appropriately sized tow truck is dispatched. (No one wants a loaded water damage truck with a full recovery tank unable to be towed because the truck sent is too small!)