College-Owned Vehicles: Lessons From Claims
College-owned vehicles are essential to campus operations, but they can pose significant risks. United Educators’ (UE’s) claims experience shows that institution-owned vehicles employees and students drive are involved in many vehicle claims.
Lessons From UE’s Claims
In some claims, an authorized driver of a college-owned vehicle negligently hits another vehicle or person. The institution becomes responsible for the damages through the legal theory of “vicarious liability.”
Under this theory, a vehicle’s owner is responsible for injuries caused by that vehicle. Most often, the institution’s liability for the accident isn’t in dispute and the focus becomes the extent of damages the institution-owned vehicle inflicted.
Some lessons from UE’s claims aim to reduce the risk of driver error through improvements to:
- A college or university’s fleet safety policy
- Driver training programs
- Driver qualification requirements
Lesson 1: Use Similar Standards to Vet Employee and Student Drivers
Employees generally drive college-owned vehicles. There are situations, however, when students use college-owned vehicles. These students may lack significant driving experience. The risks any driver — employee or student — present are real. Consider similarly stringent standards for vetting both groups. Alternatively, your institution may prohibit student drivers after deciding the risks they pose are too great.
Lesson 2: Prioritize Training of Drivers With Passengers
If your institution doesn’t require driver training for all authorized drivers, prioritize drivers likely to carry passengers. Any time the driver of a college-owned vehicle transports others, the risks of injury and liability increase. UE’s claims find this especially true for van drivers transporting multiple passengers, whether students or employees.
Lesson 3: Train Drivers on Specific Skills Related to Their Vehicle and Trip
In many UE claims, institutions used vague standards to train drivers. Standards included mandating a trainer go behind the wheel with a driver until the trainer felt “comfortable” with the driver’s skills. To better prepare drivers and avoid claims, consider training on specific topics related to the type of road conditions, and the vehicle and equipment the driver will likely use, such as:
- Vehicle type and features — In some claims, institutions are accused of not providing proper training on how to use features of a van or trailer. Instruct drivers on your vehicles’ unique handling challenges. In addition, teach drivers how to use special features such as four-wheel drive, rear cameras, or a tire pressure monitor.
- Road conditions — Consider training drivers on hazardous conditions they’re likely to face, such as snow, unpaved surfaces, or mountainous terrain.
- Turning — Many claim losses involve an institution driver making a U-turn into another car. Address skills for safely conducting turns — particularly left turns and U-turns — as part of your curriculum.
Lesson 4: Periodically Retrain and Recertify Drivers
Your fleet safety policy should address requalifying and recertifying drivers because driver skills and driving records can change over time. To ensure authorized drivers continue meeting your standards, consider these practices:
- Ensure your fleet safety policy requires drivers self-report to your institution any changes to their driving record, such as accidents or moving violations. Have drivers sign or initial this policy language and retain a copy. Also consider requiring authorized drivers to annually certify whether there have been changes to their driving record.
- Review motor vehicle records (MVRs) of all qualified drivers either annually or every two years. You also may consider random spot checks. The longer the time between MVR reviews, the more important supplemental methods (training or certifying to driving record changes) are for demonstrating drivers continue to meet your standards.
- Review auto liability coverage loss runs for each institution-authorized driver. If a driver has been involved in an accident, consider retraining.
- Retrain infrequent drivers or those involved in any accident involving a university vehicle. Drivers using college vehicles less than once a year are likelier to forget your fleet safety practices. An accident may signal the need to review a driver’s skills. From a liability standpoint, a prior accident puts your institution “on notice” of a risk, triggering a duty to respond reasonably to the risk.
Lesson 5: Give International Drivers Special Consideration
Some of UE’s claims involve a driver possessing only an international driver’s license or permit (IDP). Generally, IDPs are issued to anyone over age 18 with a valid driver’s license for at least six months. An IDP can be problematic if the issuing country has more relaxed standards for issuing driver’s licenses than the United States. Also, if you review driver MVRs, there are a limited number of countries where MVRs are available.
To ensure consistency of driver qualification standards, consider banning IDPs and requiring your institution’s drivers have a valid U.S. driver’s license. Alternatively, if your institution decides to accept an IDP, mandate behind-the-wheel training focusing on specific topics related to the driver’s vehicle and trip as mentioned above.
Lesson 6: Identify Consequences for Violating Your Fleet Safety Policy
To improve driver behavior, your fleet safety policy should identify potential consequences for violating it, up to and including termination. Explicitly identify prohibited behaviors, such as driving under the influence of alcohol, drugs, or certain medications.
Lesson 7: Train Drivers on Your Fleet Safety Policy
Ensure drivers understand their duties by including your fleet safety policy in your training.
Document your training either by asking drivers to sign a copy of the policy or asking supervisors to document training in an employee’s personnel file.
Lesson 8: Develop a Safety Program for Utility Vehicles
Claims involving utility vehicles often involve golf carts, Gator and Bobcat vehicles, lifts, riding lawn mowers, snowplows, and all-terrain vehicles.
To mitigate risks of utility vehicle accidents, adopt a utility vehicle safety program. Articulate safety rules addressing the most common errors utility vehicle drivers commit, including:
- Never leave keys in unattended utility vehicles.
- Always lock and secure utility vehicles not being used, such as when storing overnight.
- Never back a vehicle up without looking to see what’s behind it.
In addition, identify standards for regularly maintaining utility vehicles, including the headlights, taillights, brake lights, turn signals, flashing strobe light, brakes/parking brake, reflectors, steering, horn, and tire inflation.
Also specify qualifications for driving utility vehicles, including a valid driver’s license and prohibition of operation by minors.