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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I drive a mobile testing lab around the country. My employer

Customer Question

I drive a mobile testing lab around the country. My employer now wants to make the drivers responsible for his $1000.00 insurance deductible in case of any accidents. Is this legal?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Samuel II replied 11 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Employees are not legally responsible for damage or loss that results from a work related accident or mistake. I suggest the employer must not be aware of their responsibility as it pertains to employees while on the job. If the employer is asking you to sign something saying you are responsible to pay the deductible for an accident that is not the result of your gross negligence on your part is not proper.

In other words, an employee is not held liable for any work related accidents unless it is proven that their gross negligence caused the accident and that without that negligent behavior the accident would not have happened.

Expert:  Samuel II replied 11 months ago.

And so while it is legal for the employer to seek the deductible from the employee and if they are requesting you sign something saying you agree, I suggest, unless it is proven you were at fault the agreement will not be enforceable.

An accident that was cause by you that could have been prevented would be your burden. But that would need to be determined.

The Federal Motor Carrier Safety Administration defines a preventable accident as "one which occurs because the driver fails to act in a reasonably expected manner to prevent it." Preventable accidents can occur when drivers are texting, speeding, intoxicated, tired, or just not paying attention.

Expert:  Samuel II replied 11 months ago.

Please let me know, if you have other questions or need clarification in this regard. Otherwise I would appreciate a positive rating as that is how I get credit for my time and information.

Expert:  Samuel II replied 11 months ago.

Thank you.

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