You missed the point. I know the driver is an "adult" and should be held accountable, and he will be.
But if, as a manager, you have been told that this driver is driving down the road sheeting packages, call tags, speeding, cutting people off, and just in general being a very unsafe driver. Now tell me, when does looking the other way and condoning these practices become support for these actions.
In a court of law, if it can be proven that you knew your vehicle was unsafe to drive, and you drove it any way, you would be in much more trouble than if you did not know of the problems. If there had been complaints on this driver, and management can not PROVE that they took steps to correct the problem then they are just as guilty as the driver that had the accident. And if they proof comes out in court, then it will be infered that the company supported his actions, because of the lack of proper response to correct the problems.
Bottom line is if you are aware, or have been told of a driver being unsafe, it is up to management to follow up and do whatever they can to stop the behavior. Only then can you really wash your hands of the matter.
As a practical matter, if your regional manager came calling after one of your drivers went through a 3, wouldnt you be better off and have your tail covered if you could show that when complaints were called in, that you did a safety followup and other steps were taken to correct the problem, or you just gonna sit there and not have anything to offer while they chew your behind or worse.
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