1. Failure to
Maintain Correct Records
An employee
driving on company business caused two deaths in a multi-vehicle accident on
the M25 after dozing off at the wheel.
2. Failure to
introduce a Risk Management Policy
An employee driving
his own vehicle struck and killed a pedestrian on a pelican crossing after
falling asleep at the wheel. Although
driving on company business, the employee had failed to take out business
insurance cover and the employer had no procedures to check this. The employers were also accused of asking the
employee to operate longer hours in an effort to increase business.
The Sales
Manager, Fleet Manager and Managing Director now await a verdict on a
charge of Corporate Killing a pedestrian on a pelican crossing. Individually, they risk prison and/or an
unlimited fine for not taking reasonable precautions due to the lack of a risk
management policy. The company now
faces collapse due to massive legal costs brought by the lack of correct
insurance cover.
3. Correct
Policies and Procedures in Place
An
employee using a non hands-free ‘phone lost control of his vehicle and collided
with another vehicle resulting in the death of another driver.
The employers were
cleared of all blame when it was shown that all their procedures and policies
were in line with the legislation and that specific written instructions had
been issued to all employees regarding the use of mobile phones whilst driving.
4. Illegal Use
of
An employee spent
six and a half minutes on his mobile phone during a fifteen minute
journey. During a second call to his
wife, the driver ignored a total of 15 road signs as he used his hand-held
phone. He then made an illegal turn onto
the M6 motorway and immediately collided with a motorcyclist driving in the opposite
direction, who subsequently died from his injuries.
The employers
escaped prosecution on the basis that the employee was talking to his wife and
was not, therefore, making a business call.