Why Employers Must Prioritise Driver Wellbeing

Over the past few years, LMP Legal has engaged in meaningful conversations and provided training for numerous transport operators and insurers across the UK. The crux of these sessions centre around the vulnerability of not only drivers, but also employers in the immediate aftermath of a serious road traffic incident, particularly during the “Golden Minutes”; those crucial moments immediately following the incident.

During those crucial moments, the things a driver says can carry profound legal implications in the subsequent police investigation and any criminal, or other, proceedings. The things drivers say in those crucial moments are often spontaneous, unguarded and speculative, and influenced by shock and a lack of understanding of the gravity of the situation. We frequently hear examples of comments made by drivers, such as:

“I didn’t sleep well but had to come to work.”

“I was a bit stressed because of….”

While these comments may not seem to the driver as though they are admissions of fault or a potentially criminal act, they can be used by investigators, insurers or even in Court to apportion liability or fault, not just for the driver but also potentially, against their employer.

Educating drivers and employers what to do following a serious incident is just part of what we do at LMP Legal.  The work required to protect both the driver and the company starts long before the driver has even got into his cab.

Driver Welfare and Bridge Strikes: A Cautionary Case

Following a bridge strike involving a Hampshire based driver who was enroute to the Midlands, a hearing before the Traffic Commissioner revealed that the journey had been assigned to the driver on the same day that his wife was due to attend a serious medical appointment.

During the inquiry, the driver’s company director admitted that he was aware of the wife’s appointment but had confused the date. He also explained that the driver’s work had been allocated that day by a third-party contractor, rather than by the company directly.

Nonetheless, the Traffic Commissioner made a stark finding:

“The driver should not have been allocated the duty he was and that was the root cause of the bridge strike.”

They went on to emphasise:

“Operators and Transport Managers must have regard to the personal circumstances of drivers when allocating work.”

Whilst this inquiry was following a bridge strike and not a serious road traffic collision, the Traffic Commissioner’s comment has far-reaching implications for those operating within the transport industry. It reinforces that responsibility lies with not just the driver, but potentially their employers and specifically, that employers must be aware of, and prioritise, the wellbeing and personal circumstances of their drivers when making daily operational decisions.

The Legal Risks of Poor Welfare Oversight

Employers who overlook the emotional, physical, or mental wellbeing of their drivers may be exposing themselves to significant risk. In the event of a serious road traffic incident, enforcement bodies will scrutinise not only driver conduct, but also the systems and culture of the business they work for. Key consideration will include:

• What policies or procedures were in place requiring staff to declare personal circumstances that may affect their driving?

• Were such policies or procedures being enforced and compliance monitored?

• What alternative arrangements were made for drivers declaring personal circumstances that may affect their driving?

Protecting Your Business and Your Drivers

As an employer, it is essential to look beyond simply ticking boxes on compliance checklists. Consider the real-world pressures your team faces and foster environments that encourage honest and open dialogue, routine check-ins, and genuine pastoral care. This is not only best practice, it is becoming an expectation of those who regulate the industry.

If a driver is involved in an incident that results in serious injury or death, the legal stakes are high. Ensuring adequate policies and procedures are in place in the first instance, plus the benefit of immediate access to legal representation in the event of such an incident, can make all the difference to the outcome.

How LMP Legal Can Support Your Fleet

Whatever your fleet size or type and whether you are reviewing your policies and procedures, defending a regulatory investigation, or responding to a critical event, the team at LMP Legal is here to help.

We understand fleet operations and we understand the law. Contact us today for tailored legal advice that safeguards your business and supports your drivers when it matters most.