It could possibly be cumbersome in some states to acquire a subpoena to envision worker phone records. One easy solution is the usage of event video recording devices.
You would like protected, defensive drivers in your fleet of non-CDL vehicles. When your employees concentrate on stopping accidents, you’ll enjoy lower cost of loss, more efficiency, and reduced insurance premiums. In fact, you may’t at all times count in your employees to stop accidents. Sometimes they take huge risks like texting or talking on the phone while driving.
Cellular phone use of any kind while driving is probably the most dangerous things an individual can do. The truth is, texting while driving is six times more prone to cause an accident than drunk driving. In case your employees are using their cell phones while behind the wheel, they’re putting themselves and your organization at major risk.
The perfect thing to do is prevent this unsafe behavior in the primary place. Put money into safety training to coach your drivers on the best way to be attentive behind the wheel. Stopping an accident is at all times higher than reacting to at least one.
That being said, you have to be prepared for the worst. Let’s tackle some pressing questions on the best way to handle accidents brought on by cellular phone use.
Are You Allowed to Check Cell Phone Records After an Accident? And Should You?
It is advisable get to the basis reason behind any accident. If you understand what causes your accidents, you may prevent them. That’s why it’s crucial so that you can know if an worker was using his or her cellular phone before a collision occurred.
Unfortunately, obtaining phone records isn’t at all times easy.
If you happen to issue company-owned phones to your employees, you absolutely can check cellular phone records during your post-accident investigation. You could not have the identical rights with regards to your employees’ personal phones, though.
Depending in your state’s laws, you’ll likely need a subpoena to envision an worker’s personal phone records. Alternatively, you might have the opportunity to access their phone records with their written consent. It could possibly be a cumbersome process either way, and also you shouldn’t count on having the ability to access them.
A simple solution to this problem is to make use of event video recording devices. These systems:
- Record what’s happening out and in of the vehicle
- Save this footage only when there may be a sudden stop or collision
- Can help you see the basis reason behind near-misses and collisions
More often than not, event video recording devices prove you and your driver’s innocence after an accident. Nonetheless, additionally they turn out to be useful so that you can see unsafe behaviors like cellular phone use that cause accidents.
Don’t bury your head within the sand when there’s an accident. No matter the way you do it, you need to try to find out if cellular phone use played a job in any collision.
Can I Terminate an Worker Based on Cell Phone Use
That is a convincing yes. Not only that, but you likely should.
When people behave in an unsafe way, it’s for one among two reasons:
- Ignorance (they only didn’t know any higher)
- They made a foul decision (they recognized the chance and did it anyway)
Most accidents occur due to first reason: ignorance. People make honest mistakes because they didn’t realize they were doing anything mistaken. When an worker has an accident on account of ignorance, it’s easy to repair this. You need to use defensive driver training to coach your employees on protected behaviors so that they know higher.
Nonetheless, if someone is willing to simply accept the chance of texting or talking on the phone while driving, there’s little you may do to alter that. They’ve a high-risk tolerance and it’s unwise to place them behind the wheel to your company. It’s only a matter of time before it costs you big-time.
Cellular phone use while driving ought to be grounds for immediate termination at your organization.
Am I Covered Under Insurance if My Worker Was on His or Her Phone Before a Collision?
Yes, but it’ll cost you.
When your employees cause accidents, your premiums will likely rise. Your insurance company sees you as an even bigger risk so that they charge you more for coverage.
That’s why educating your employees on protected practices is significant. Stopping the accident in the primary place can reduce your insurance premiums and prevent tons of cash from cost of loss.
Should I Have a Cell Phone Policy That My Employees Must Sign?
Absolutely.
If you happen to are going to take motion against your employees for cellular phone use behind the wheel (and you need to), it is advisable make that clear from the onset.
Upon hire, you need to have clearly expressed safety rules your employees must follow. Have these written down. Give them to your employees to read, review, confer with you, and commit to.
Have them sign the document and keep it of their worker file. Higher yet, give them a replica to maintain available. Ask them to review it periodically so that they remember the commitment they make.
Having a cellular phone policy may help your organization in a lawsuit if the worst were to occur. More importantly, though, it could possibly help prevent these accidents in the primary place. If you put an worker behind the wheel for you, lives are of their hands. You would like them to commit to this responsibility.
Prevention is Higher Than Response
If an worker is involved in a collision, it’s necessary to find out why the accident happened. Obtaining cellular phone records could be a very important a part of this process. Nonetheless, this shouldn’t be your focus.
You desire to prevent accidents, not only react to them.
Accidents are brought on by people’s unsafe behaviors. When your employees behave unsafely, they usually tend to cause an accident. Once they behave safely, they’re prone to prevent an accident.
Fewer accidents mean reduced cost of loss, a more efficient company, and happier and healthier employees.
Train your employees on essential protected driving behaviors and your organization will prosper.
Editor’s Note: This text was originally published in July 2021 and was updated on October 2, 2024, for continued relevancy on distracted driving and obtaining phone records of fleet drivers.
Originally posted on Work Truck Online
This Article First Appeared At www.automotive-fleet.com
