Repeat employee-at-fault car accidents could lead to liability for the county government.
In 2009, an audit of employee car accidents in Santa Clara County found that a few drivers were causing the majority of the accidents. Since then, county officials have tried to cut down on repeat driver accidents with improved training, oversight, and penalties. Unfortunately, efforts have been largely unsuccessful. In fact, last year brought a peak in accidents where the employee was at fault and had at least one prior accident on their record.
After analyzing data from accidents, the county found that:
- 87 percent of the accidents occurring between July 2013 and June 2014 were the county employee’s fault
- 43 of the 65 accidents that occurred in 2014 and resulted in damages of $1,000 or more involved a driver who had had at least one prior accident
- 28 of the 200 accidents reported in 2014 were caused by drivers with multiple prior accidents
While most of these accidents were minor, perhaps involving stationary objects or otherwise not causing serious injuries or death, this does not mean they should be taken lightly. If a serious accident were to occur, a record of accidents indicating habitual negligence or recklessness on the part of the driver—and no action or inadequate action on the part of the county—could definitely come into play during a personal injury lawsuit.
Unfortunately for the county, union rules and civil service contract stipulations make it difficult to revoke driving privileges, even after multiple accidents. For example, one employee racked up 5 priors before finally receiving a six-month driving suspension, this time for falling asleep at the wheel, running off the road, and hitting a rock.
Another example is a park ranger who backed a county truck into a visitor’s vehicle, causing$2,200 in damage. This was the driver’s second at-fault accident in two weeks and ninth accident in 11 years. This driver is still employed by the county.
What This Means for Car Accident Victims
Besides making you question how your tax dollars are being spent and how safe you may be when driving around county employees, the high rate of accidents among some county employees brings up an important point about liability in car accident cases: the driver is not the only party who may be liable for the accident.
In cases where an accident has been caused by an employee, it would be wise to consider whether the employer might be held liable as well. First of all, targeting all liable parties in a personal injury lawsuit helps ensure justice is done. Secondly, employers often have better insurance and deeper pockets than employees, making it more likely you will be able to recover the full amount needed to cover your damages from the accident.
If you have been involved in a car accident involving a company vehicle, please contact The Law Offices of Fernando D. Vargas for assistance.
