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Who’s to Blame for a Car Accident?

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Who’s to Blame for a Car Accident?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

The leading cause of work-related deaths is collisions on the road, but perhaps the workplace systems and not the driver/worker are the ones to blame.

Speaking at a plenary session hosted by the Institute for Work & Health in Toronto, Sharon Newman, a researcher from the Monash University Accident Research Centre in Australia, said “traditionally, intervention research has focused on the role of the driver: ‘What’s wrong with the driver? Let’s blame the driver if they have had a crash,’” she said. “(But) there’s such a bigger system that’s involved in this and we have to identify what are the mechanisms within that system influencing work-related road traffic injury and death.”

In Australia, 30 per cent of accidents are work-related, and this is comparable with other places, including Canada. Because of this, it is worthwhile to take a look at the workplace system in place and not only the fault of the driver.

Supervisors and line managers play an important role in the safety of workers while on the job site, but it is unclear whether or not the supervisor is responsible for the worker once the worker is off site. “In many organizations… supervisors are only responsible for the worker when they are working within the physical boundaries of the organization, and then a fleet manager, the person that gives them the keys, generally is considered to be the one, although not actually in their job description, responsible for that person when they go out,” says Newman.

For example, fleet managers are responsible for making sure the vehicle is safe. They also check whether or not the driver has a license, but they do not necessarily analyze the behaviours of individual drivers.

This widespread lack of clarity of role and responsibility is proof that work-related driving needs to be better integrated into occupational health and safety, according to Newman.

Newman advocates for increased communication between supervisors and their workers in order to improve safety, and that such messages should be clear, “context-specific”, and tailored to the organization. Her research found that an increased number of safety-related discussions between a manager and driver leads to improved safe driving behaviour, as well as improved relationships, since communication can imply a supervisor’s concern for the wellbeing of his/her worker.

“Communication can (demonstrate) concern for health and well-being. If you have a good communicative relationship with your supervisor, there’s a level of respect there, there’s a level of trust and there comes a certain perception of health investment, so that supervisor is actually caring for the health and well-being of a worker,” said Newman.

Not only are supervisors important, but senior management also has the important role of making sure safety is a core value within the organization. Two ways of doing this is by focusing on risk management, and ensuring that their organization has an effective crash database system as an education tool. According to Newman, “If senior-level management aren’t aware of the safety capabilities of the drivers (and) the challenges and strengths with developing the safety skills of the supervisors, how can they develop effective safety practices and procedures?”

Despite the responsibilities of supervisors, senior managers and others in the workplace system, drivers still have a vital role of responsibility, especially in terms of their safety capabilities, attitudes, beliefs and behaviours. According to Newman, the four most common dangerous behaviours of work-related drivers are speeding, driving while tired, distracted driving and using cellphones.

Because of the interconnectedness between the driver, supervisor and senior manager, either of them or all of them can be held liable for a work-related car accident, with proportionate damages being allocated as the Court sees fit. Since the assessment of damages and investigation of a claim is holistic in nature, taking workplace systems into account and the roles of each actor is a logical component of any personal injury matter. If you have any questions, consult with a lawyer by booking a free consultation or calling 1-855-446-7765 for immediate assistance. For more information, visit our accident lawyer section.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

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Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
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21:49 01 Jan 24
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23:10 21 Nov 23
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Rose RegazziRose Regazzi
21:15 11 Oct 23
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