Insurance PARKING HEALT By Kathy Phillips
Driver’s License Revie Shuttle Drivers
In a recent article from the National Alliance for Insurance Education & Research, Steve Holland states:
“When auto liability lawsuits arise from business vehicle operations (such as in
valet services), the plaintiff’s case discovery processwill almost certainly obtain infor- mation about the driver’smotor vehicle record. “If a driver has a history of citations for traffic violations, reckless driving or driv-
ing while under the influence of alcohol or drugs (DUI), the plaintiff’s attorney will attempt to paint a picture of negligence by the employer for allowing such a reckless individual to drive for their company. “If the employer had not checked the MVR at all, then the attorney can bolster
PLAZA TOLL BOOTH
their negligence argument by suggesting that the employer didn’t care enough about public safety to even bother checking.” For these reasons regular evaluation ofMVR reports is a standard component in
fleet (valet) safety programs. For an MVR review to be successful, employers must consider exactly which records will be evaluated, and how they will guide employ- ment and driving assignment decisions. For example, will a citation for running a stop sign carry the same weight as a
conviction for DUI?When evaluating a typical 36-month driving history,will itmake a difference to the employer if citationswere received lastmonth or two years ago?
Will a citation for running a stop sign carry the same weight as a conviction for DUI?
Three legal concepts come into play in assessing the risk of liability involved
However you look at it... Par-Kut portable steel buildings outlast any other. Quality, low maintenance materials make the difference. Since 1954, we’ve been the parking industry’s first choice for durable, attractive booths and enclosures. Visit us online or call us for a quotation.
1-800-394-6599 IN MICHIGAN (586) 468-2947
parking-booth.parkut.com
See us at the IPI booth #622 46 Parking Today
www.parkingtoday.com
with providing a vehicle to an employee: -Negligent Entrustment. This holds that an employer can be held liable for dam-
ages if a person to whomthe employer provided a “dangerous instrumentality” (i.e., a vehicle) causes damage or injury to another party with that instrument. Thus, anyone who, while driving a vehicle, causes damages or injures to a third
party or parties exposes the employer (provider) of the vehicle to risk of liability under negligent entrustment law. Generally, the employer is held liable if the employer knew, or could have easily
uncovered, that the person had a propensity to be dangerous via the possession or use of the vehicle. - Negligent Hiring. This is identical to negligent entrustment, except for two key
aspects. First, the person must be an employee; negligent entrustment risk covers anyone to whom the employer provides the vehicle. Second, the employer need not provide any “dangerous instrumentality”; the actions of the employee in any circum- stance suffice. Indeed, when a company vehicle driver (employee) has an accident, the company is exposed to the risk of liability under both negligent hiring and negli- gent entrustment. - Vicarious Liability. Under this legal concept, the employer can be held liable for
damages caused by an employee even if the employer has done nothing wrong – i.e., the company performed the requisite background and driver checks and found no evidence of a propensity for dangerous behavior.
PAR-KUT MEANS DURABILITY TA K E A C L O S E R L O O K AT Q U A L I T Y
CURVED END CASHIER
SECURITY GUARDHOUSE
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68