Road traffic accident: penalty

Employees have a duty of care. They must take care to ensure their own health and safety, as well as that of other people affected by their actions or omissions at work.

If, through their negligent behaviour, they cause a road traffic accident involving a company vehicle, they may face disciplinary action.

Depending on the circumstances, the disciplinary action may include dismissal for serious misconduct.

An employee cannot be disciplined solely on the grounds that they were involved in a road traffic accident resulting from a simple driving error.

The employee is not permitted to pay for the repairs

However, if the employee has damaged the company vehicle, you cannot ask them to pay for the repairs.

The employee is not required to bear the cost of repairs, even if a clause in their employment contract provides for this.

For the employee to be held financially liable, they must have committed gross negligence. That is to say, they must have intended to cause harm to the company. This intent to cause harm is often difficult to prove.

If the employee offers to reimburse the repair costs, even though they have not committed gross negligence, it is strongly advised to refuse.