Even though managers do everything in their power to ensure the safety of their operations, car accidents are still a sad reality and impossible to predict.
A survey by the Federal Highway Police (PRF) revealed some worrying data: 4.127 people lost their lives in 49.734 accidents recorded between January and September 2023.
But it is important to be prepared to deal with situations like this and understand what the company's duties are with an injured employee, or even the responsibility of the employee with a company vehicle.
This way, it is possible to prevent new cases from occurring, especially when we take into account the serious consequences for everyone involved. As this raises many questions, we created complete content on the subject.
I crashed the car, what now?
What to do during a company vehicle accident?
Who pays for a company vehicle accident?
What are the main causes of car accidents?
What are the consequences of an accident with a company vehicle?
The importance of technology to reduce and avoid car accidents
I crashed the car, what now?
First of all, let's explore the most serious scenario possible. When an accident occurs involving a company vehicle, there are certain legally mandated procedures that must be followed.
1. Remove the vehicle from the road
If there are no victims and, of course, if it is possible to drive the car to the side of the road, it is essential and mandatory to clear the road.
2. Flag the car accident
If the car is so damaged that it needs to be pushed, but the road is too busy and it's not safe to move it from the lane, avoid performing this maneuver. Instead, follow these procedures:
- Along the shoulder or sidewalk, walk a few meters to the scene of the accident to position the warning triangle. According to Contran's resolution, the minimum distance to position the accessory is 30 meters behind the vehicle. The triangle must be placed in the lane where the collision occurred – that is, following the line where the vehicle is.
- It is recommended to position the sign at a distance of one meter for each kilometer of the maximum speed limit – if the road has a limit of 70 km/h, position the triangle 70 meters from the location. If there is fog, this distance can be doubled, and it is recommended to use branches and other objects for signaling.
- As you walk along the shoulder towards the triangle placement location, it is advisable to gesture to approaching cars, warning them to slow down due to the accident ahead.
This entire procedure must be carried out with extreme caution, immediately after the accident and while the police are on their way.
3. Call local authorities
This may seem obvious, but it's necessary to call the local authorities, especially in accidents with injuries. It's important that your drivers have these procedures clear and are instructed, not only because your business could face legal consequences, but also because it's a matter of safety for everyone involved.
4. Provide assistance
Emotions run high in these situations. However, whenever there are victims, it is our legal obligation to provide assistance, and leaving the scene without offering help is considered a crime.
Remember that, under these circumstances, the vehicles cannot be removed and only the fire department or the police can do so or allow movement.
Suggested reading: Road safety: the importance of a safe driving culture in fleet management.
Company Vehicle Accident FAQ
What happens if I crash my company car?
Firstly, it is essential to immediately report the incident to your superior or to the person responsible for the company's vehicle fleet. Depending on the severity of the accident, it will be necessary to contact the authorities and provide the necessary care.
When an employee crashes a company car, who pays?
If an accident occurs with a company car, it is the company's responsibility to cover the costs of repairing the damaged vehicle. However, if the accident is caused by the driver's negligence, the company has the right to charge the repair costs to the driver.
Can you deduct a car crash from an employee?
It is essential to prove that the employee was at fault in the traffic accident involving the company vehicle so that a deduction from his salary is allowed as a form of compensation for the damage caused, as long as this has been agreed in the contract by both parties. Otherwise, the employer must reimburse the amounts unduly deducted.
Who is responsible for the company vehicle?
According to labor legislation, responsibility for the vehicle lies with the company. The employee will only be held responsible in the case of a contractual agreement and only if the accident was intentional or negligent.
What to do during a company vehicle accident?
It's easier said than done, but in cases of accidents involving a company vehicle, drivers must try to remain calm in order to act correctly and avoid consequences that are often avoidable.
In this regard, the first step that should be taken is to check the physical and mental conditions of the people involved, whether they are employees or third parties.
If you, the fleet manager, are notified about the accident immediately after it occurred, it is also your role to prioritize the integrity of these people. Damage to vehicles can be repaired later and is not a priority at this time.
In other words, if someone is injured, medical assistance must be called immediately. Similarly, the incident must be reported to the police, a police report filed, and the vehicle insurance company contacted.
Suggested reading: Claims: what are they and how do they impact your fleet management?
But what about the vehicle? Well, if the accident was more serious, the police will carry out an investigation at the scene to collect evidence about the collision.
If the damage was only material and no one was injured, the recommendation is the one we mentioned earlier: remove the vehicle from the road as soon as possible and put up appropriate signage. This preserves the safety of those involved and also prevents traffic jams or even further accidents.
Who pays for a company vehicle accident?
Article 932 of the Brazilian Civil Code establishes that the employer is responsible for damages caused by their employees in the course of their work.
In other words, if one of your employees is involved in an accident with a company vehicle, the responsibility for covering the resulting costs lies with your organization.
On the other hand, if the employee acted with negligence, recklessness or incompetence, your company may be held partially or fully responsible for the damages caused.
If third parties are involved in the accident, their liability is determined based on what occurred at the time of the collision.
Suppose it is proven that the accident occurred due to mechanical failure or negligence in vehicle maintenance, the company must also pay for the third party's expenses.
The same applies when recklessness on the part of the fleet driver is verified, since the responsibility of the employee driving a company vehicle is to adopt a defensive driving approach in traffic.
Now you may be wondering if the company is liable for damage caused by its driver or if it is possible to deduct the payment for vehicle repairs from your salary.
Well, the answer depends on several questions, but be aware that the Consolidation of Labor Laws is quite strict in relation to this procedure.
Suggested reading: Payroll deduction for damages and losses
This only actually happens when the company gathers a series of evidence that guarantees proof of inappropriate or reckless behavior by the employee at the time of the accident.
Even so, the employee's right to a defense must be guaranteed. Dialogue and the gathering of evidence are essential for the correct attribution of responsibility to each party.
What are the main causes of car accidents?
We have already covered the most serious scenarios of traffic accidents involving a company vehicle, now let's talk about the different conditions that can cause them, including chance.
This is because there are several factors that directly influence this problem, especially when it comes to inadequate training, poor management, and lack of preventive maintenance.
The good news is that these aspects are preventable, so check out some of the points that can lead to accidents below.
Speeding
One of the leading causes of traffic accidents worldwide is exceeding speed limits, taking the lives of more than 1,3 million people, according to the World Health Organization (WHO).
Typically, this disrespect occurs due to misconduct, or simply because drivers could not be late or wanted some free time after activities.
Therefore, the lack of monitoring ends up being a major problem, since drivers reach the speed they want and take routes without the knowledge of the managers.
Suggested reading: The consequences of speeding
Lack of training
Many accidents occur because there is no adequate training for drivers responsible for driving commercial vehicles. And this not only includes the operation itself, but also the precautions that must be taken to ensure the safety of passengers and pedestrians.
Fatigue in traffic
Another important factor behind many accidents is driver fatigue . After all, tired drivers are more likely to lose focus on the road, which prevents them from reacting quickly to unexpected situations.
This is why defining the use of vehicles inside and outside working hours is so crucial.
Inadequate maintenance
Preventive and regular maintenance of vehicles avoids a series of problems in fleet management, as they will always be in good working order.
Therefore, implementing a fleet maintenance plan is essential in any operation to prevent a lack of repairs from leading to mechanical failures, such as problems with brakes, suspension, or tires.
It's no use having drivers alert in traffic if the cars don't respond properly to commands.
Neglected fleet management
If you are one of the managers who still does not use technology to take care of your operation, this is a warning sign. After all, it is common for traffic accidents and other problems to happen.
But the lack of adequate monitoring, efficient routing and data that assists in safety-driven leadership are some of the causes that lead to accidents.
Recklessness at the wheel
Last but not least, recklessness is another major cause of accidents involving company vehicles. This includes several key aspects, such as exceeding the speed limit, failing to signal lane changes or turns, ignoring traffic signs, and more.
Suggested reading: Traffic Psychology: Learn how to improve safety and work quality in your fleet.
What are the consequences of an accident with a company vehicle?
An accident with a company vehicle can have very significant and impactful consequences. In addition to the physical damage to the vehicle, which may require a high cost to repair or replace, there are also possible injuries caused to employees involved in the accident.
Regardless of the losses, they can cause damage to various aspects of the fleet, so check out what they are below.
Corrective maintenance expenses
An accident with a company vehicle can cause financial losses for a number of reasons, but mainly in the maintenance of the car, your company or those involved.
The costs associated with this corrective maintenance, besides being unexpected, are high and come out of your company's cash flow. As a result, savings are hampered due to a lack of control, and that investment in a telemetry system that you were planning will have to wait longer.
Reduction in yield
Another negative consequence is the reduction in fleet performance, since the operation now has fewer vehicles available on a daily basis and, in cases where an employee is injured, their return will also take time.
Financial loss with fines and legal issues
All the bureaucracy involved in the processes after the accident with the company vehicle must also be taken into consideration.
In addition to the costs of fines and damages, there's also the stress that these situations naturally cause, because instead of using your time productively, you'll have to deal with legal issues.
Suggested reading: Risks of criminal liability: paying attention to the legal issues involved in fleet management.
Damage to the company's image
Our instinct is to consider all the disruptions for the company and its employees, but another repercussion is how people perceive your brand, potentially even generating distrust on the part of customers.
When we are talking about lawsuits, the consequences can be even worse, as your brand's name will be tarnished in court.
To prevent this, it is important to establish some specific rules regarding usage, such as developing a vehicle liability agreement.
The importance of technology to reduce and avoid car accidents
Well, we believe that the importance of avoiding traffic accidents involving company vehicles at all costs is clear.
We have already talked about carrying out efficient training for drivers, as well as courses, workshops and guidance from time to time for the team in general.
Their role should be to help them drive safely and responsibly, offering all the information and resources they need to better care for themselves and their vehicles.
Therefore, your fleet policy needs to include rules and regulations that comply with traffic laws and minimize risks to the health and well-being of drivers.
But another crucial point is investing in technology, such as fleet management systems . In the past, companies had few solutions available, making the compilation of detailed information for decision-making an arduous task.
However, tools such as telemetry and video telemetry have made it possible to visualize all the necessary data in easy, dynamic, and comprehensive systems.
One click is all it takes to generate reports that allow managers to understand the real situation of the operation and the behavior of the drivers, which represents a guarantee for dealings involving a car accident.
This is because fleet management systems can help both in inhibiting risky behaviors and in collecting evidence for the case, with images captured during the vehicle's journey in the case of video telemetry.
It is also possible to identify the driver involved in the collision, making resolving the problem much easier.
Suggested reading: Video telemetry: a turning point for road safety
With access to this information, you have greater control over the fleet and can identify employee actions that may lead to a potential traffic accident, promoting the re-education of these drivers and acting preventively rather than just correctively.
Here at Golfleet, we dedicate ourselves daily to bringing more efficiency and safety to fleets across Brazil, and we can do the same for yours, whether your goal is to reduce or avoid accidents with your company vehicle.
To learn more about the potential of a telemetry system, just access the complete and free material below.
