GUEST COLUMN | O'Brien & Zehnder Law Firm
Transportationrelated roles at a job are among the most necessary responsibilities Americans undertake to make ends meet for their families. What is far less discussed is the risk this constant mobility carries.
According to the U.S. Bureau of Labor Statistics, roadway crashes are the leading cause of workplace deaths nationwide, accounting for nearly 37 percent of all fatal occupational injuries in 2023. Still, while companies heavily regulate physical job sites, driving during work is frequently regarded as routine — and as an individual responsibility rather than a core employer safety obligation.
But when driving is part of the job, the risks do not exist in isolation from employer responsibility.
Mobility generates revenue, improves efficiency and widens market reach. In that sense, the road has become a source of profit.
In Texas alone, roughly 1.3 million workers perform transportation- related duties as part of their jobs.
Yet many are sent onto the road with little more than basic defensive driving instruction, even when operating company-owned transport. When a crash happens, it is usually treated as the driver’s fault, not as a workplace risk. But if driving is part of the job, it is hard to argue the responsibility ends with the driver.
If an employee causes harm while carrying out assigned duties, it is normal for the employer to be held responsible as well. That is what it means to act within the “course and scope of employment” — as the driver was doing the company’s work at the time.
The logic is straightforward. When the company sends its people out on the road, provides the vehicle and collects profit, it is difficult to separate itself from the risk that comes with it.
Lawsuits in these situations are not only about determining punishments. They often shed light on how safety was handled, what expectations were set and whether enough was done to prevent what happened.
If companies accept that driving is part of the workday, then they have to treat it that way. Not as a side task. Not as something that takes care of itself, because responsibility cannot begin only after a crash draws attention.
It has to take shape long before anything goes wrong. Fatigue compromises safe driving more than alcohol, and fear of missing a deadline increases traffic violations.
Ensuring people are given enough time and clearly told to drive safely is crucial. Even basic monitoring tools, when used responsibly, can help companies detect patterns — such as speeding, harsh braking or excessive hours behind the wheel — before they escalate. The point is simple: if the job requires driving, then managing that risk is part of the job too.
Extending safety beyond traditional job sites lowers the chances of crashes and the disruption that follows. More than that, it shows something that cannot be measured on a balance sheet: The company takes its responsibilities seriously.
Over time, prevention becomes less about rules and more about how a company chooses to look after its people.
The road may be America’s most common workplace, and it should no longer be its deadliest.
O’Brien & Zehnder Law Firm is based in California and handles personal-injury cases.
