There is a substantial risk of liability when an employee is driving while on the clock for your company.  Business owners and employers in San Diego must understand their risk and liability when employees drive while at work for their company.  It can be as simple as running up to the local business supplies store, or delivering product, samples or a package to a customer.  Here in California, when an employee is at work for your business, you can and will be held liable for any accident or injuries they cause.  This is a major source of contingent liability for San Diego businesses that should be carefully managed.

There are many reasons to be concerned when one of your employees gets behind the wheel of their own car or a company car while at work:

1. California Courts have held employers liable for employee accidents, even when they are driving home from an after-hours required work function or office party.
2. 49% of Americans admit to texting while driving.  The number skyrockets when you include emailing and other cell phone applications.
3. The National Institutes of Insurance noted that accidents are 23 times more likely when the employer has provided a phone or smart technology to an employee who drives while on the clock
4. The employee may carry minimal insurance or no insurance whatsoever, expanding your exposure to financial recovery from a plaintiff in an accident

The financial risk may not be simply limited to medical bills, loss of income and the standard sources of recovery in injury accidents or wrongful death.  California laws provide “punitive” damages in these cases when your employee’s actions can be demonstrated to have shown a “willful and conscious disregard of the rights or safety of others.”  Plaintiffs attorneys are arguing that texting or checking emails while driving under employment meets this standard of law, seeking to expose your company to huge punitive damages.

What protections should you consider?  What changes should you make to internal policies and procedures?  San Diego business owners must understand their risk and liability when employees drive while at work.  The business attorneys at the Watkins Firm can help you to quantify your risks, develop policies and procedures that limit your potential exposure and safeguard you from significant exposure to financial losses and punitive damages.  We invite you to contact us or call today for a free consultation at 858-535-1511.