Q: Hello, one of my former employees was involved in a minor car accident during his work shift in company van.
Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred in van. Cops were called to follow post accident protocols and didn’t issue any report and told my former employee to go through insurance since he claimed fault. No alcohol test taken. No ambulance or medical assistance requested. Currently going through claims process. We have dash cam of former employee drinking the one beer. How should I proceed? Other driver is now claiming injury.
A:
Good morning -- If this case goes to litigation, you will have to duty to turn over any dashcam video if the other side asks for it. On the other hand, you have no duty to voluntarily relinquish it since him drinking one beer does not appear to be an issue. I am assuming he was not charged with a DUI.
If the other driver is claiming injury, but did not seek medical assistance immediately after the accident, he is most likely looking for a quick insurance payoff. Many businesses in a situation like this would rather just pay the other driver off rather than go through the hassle of litigation. Your insurance company should have a legal department who will represent you if you decide to go to litigation.
The bottom line is the fact that he drank one beer should not be an issue, assuming it did not affect his judgment or his ability to drive.
Regards,
Laurence L. Socci
A: I agree with Attorney Socci's analysis, but you have some other problems. You haven't said where he drank the beer, or whether the vehicle was moving (appears to have been drinking in vehicle b/c on dash cam video.) Virginia's vehicle code would probably prohibit drinking alcohol while driving. This could be another problem. Which ever, it seems that this employee, drinking alcohol while on the job, is placing his personal desires above the protection of the company. It is certainly a bad example for other employees. Should you take disciplinary action against him, such as a suspension without pay, or even consider whether you want this employee to continue working for the company at all? What happens next week when it's whiskey and he really injures someone? Your insurance could be cancelled, and you could be in real hot water. These are things for you to consider to protect your company and yourself.
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