Companies can be liable for driving-related incidents even during the “regular commute” as a result of work conditions impacting on the driver, a court has found. In this case, a young employee died in a traffic collision whilst driving home after working three consecutive 19-hour shifts. The vehicle he was driving drifted into the path of oncoming traffic, and it is believed that he fell asleep at the wheel.
The court found that the company was responsible for the employee’s chronic fatigue by failing to monitor the hours that employees were working. The company admitted liability and was fined £30,000 plus £20,000 in costs.