The Risk Most Contractors Overlook
Legal Issues in Fleet Management
by Trent Cotney, Partner, Adams & Reese, LLP
(Editor’s Note: Trent Cotney, partner at Adams & Reese, LLP, is dedicated to representing the roofing and construction industries. Cotney is General Counsel for the Western States Roofing Contractors Association and several other industry associations. For more information, contact Cotney at (866) 303-5868 or go to www.adamsandreese.com.)
Roofing contractors understand jobsite risk. Fleet exposure receives far less attention, but it should not. A serious vehicle accident can produce a verdict that dwarfs a typical construction defect claim. For many contractors, the greatest liability exposure is not on the roof; it is on the road.
Negligent Hiring & Driver Screening
Liability often begins before a vehicle leaves the yard. When a company places an unsafe driver behind the wheel, the exposure is direct. Plaintiffs’ attorneys look for red flags: prior speeding violations, license suspensions, DUIs, or internal complaints about driving behavior. If those issues appear in a motor vehicle record and the company hired the driver anyway, the argument becomes that the accident was foreseeable.
A defensible fleet program requires documented screening. Motor vehicle records should be checked for drivers before hire and reviewed periodically thereafter, subject to state and federal employment laws. Written policies should define acceptable driving histories. Discipline for violations must be consistent. A policy that is never enforced becomes evidence against the company.
Distracted Driving & Digital Evidence
Distracted driving has become central in vehicle litigation. Text messages, GPS entries, telematics reports, and dashcam footage are now routine discovery requests. Roofing companies increasingly install tracking systems to monitor productivity and routing. Those systems also generate data trails that may be scrutinized by a jury.
A written no-texting policy is essential. Training reinforces it and monitoring confirms it. Contractors should assume that every electronic record tied to a fleet vehicle may one day be reviewed in court. Data management is part of risk management.
Maintenance & Mechanical Exposure
Roofing vehicles operate under heavy load. Ladders, tear-off debris, and equipment strain brakes and suspension systems. When a mechanical failure contributes to a crash, the maintenance history becomes the focal point.
Preventive maintenance schedules should be formalized with all inspection logs retained. Unsafe vehicles must be removed from service immediately. If documentation is incomplete, plaintiffs’ counsel will argue that inspections never occurred. In auto cases, maintenance records often determine credibility.
Load Securement
Few trades transport cargo as unwieldy as roofing contractors. Extension ladders, material bundles, and debris must be secured properly. A ladder dislodged at highway speed can cause catastrophic harm. Many states adopt or mirror federal motor carrier load securement principles. Even contractors operating intrastate should understand these standards. Training crews on tie-down procedures is not optional. Plus, written protocols will reduce risk.
Insurance Alignment
Fleet exposure must align with insurance coverage. Commercial auto limits that once seemed adequate may be insufficient in today’s litigation climate. Large jury verdicts in auto cases have increased across the country. Contractors should review primary and umbrella limits annually.
Hired and non-owned auto coverage is frequently overlooked. If employees use personal vehicles for company business, a serious accident may expose the company without proper endorsements. That coverage gap typically becomes apparent only after a claim is filed. A thorough policy review with a broker who understands construction risk is prudent.
Employment Law Intersections
Fleet management intersects with employment law more often than expected. Drug and alcohol policies must comply with federal and state requirements. Certain vehicles trigger Department of Transportation obligations, including driver qualification files and testing programs.
Independent contractor classifications also deserve scrutiny. If a driver operates a company-branded vehicle under company direction, plaintiffs may argue that the driver is effectively an employee. Control carries consequences, and branding adds another layer. A company logo on a vehicle immediately ties the accident to the business.
Monitoring & Privacy
Telematics systems improve safety and accountability. They also raise privacy considerations. Several states regulate electronic monitoring of employees, and written disclosures are essential. Employees should understand what is tracked and how that information is used. Monitoring must be consistent. Selective enforcement creates additional risk, including potential discrimination claims.
Post-Accident Response
The first moments after a crash shape the defense. Drivers should know exactly what to do. They should contact law enforcement, avoid admissions of fault, gather information, and notify management immediately. Report the incident to the insurer without delay. Confusion at the scene complicates defense strategy, and delayed reporting can trigger coverage disputes. Training should address accident response as seriously as jobsite safety.
Regulatory Compliance
Some roofing contractors fall within federal motor carrier definitions without realizing it. Gross vehicle weight ratings, trailer combinations, and interstate travel can trigger registration and compliance requirements. Noncompliance can result in fines and strengthen negligence claims following an accident. Vehicle classifications should be reviewed periodically, and regulatory assumptions verified.
A Strategic Approach
Fleet risk does not eliminate itself, it requires structure with written policies and documented training. Roofing contractors operate in a high-risk profession and that reality does not end when the crew climbs down from the roof. A disciplined approach to fleet management protects the company’s balance sheet and reputation.
