Continuous Driver Monitoring | SambaSafety
Introducing Qorta

Introducing Qorta

SambaSafety’s Qorta provides access to critical driver information, turning data into action that makes roads and communities safer.

What Is Qorta™?

Qorta™ is a SaaS risk management and data analytics platform. The platform is designed to make driver safety simpler, more reliable, and accessible to any business whose employees drive for work on a regular basis.

More than just a database, Qorta™ injects intelligence and workflow into the data analysis process, allowing employees to act quickly, make informed decisions, and make their operations and communities safer.

What Can Qorta™ Do For You?

If you have employees or contractors driving for work, you need driver data monitoring. Any time one of your employees drives for work, even in their own car, your company can be held liable for their driving habits, violations, or accidents. The risks and costs of poor drivers on your payroll can be staggering.

Keep in mind that a “driver” doesn’t only mean commercial truck drivers. SambaSafety has solutions to help you monitor every type of driver population.

With Q License, a product on the Qorta platform, you’ll know the driving status of every employee in your company at all times, not just if you pull their driving records every year. All you have to do is tell Qorta™ who your drivers are and we’ll do the rest. Near real-time monitoring will automatically alert you if any of your drivers’ records reflect new negative driver activity, when it happens. Each driver is scored and placed in a risk category, allowing you to focus on your highest risk drivers, coach drivers who are trending in the wrong direction and reward your best drivers. Having access to proactive information will prove your company’s commitment to safety and allow you to protect what’s most important — your company, your drivers, and your community.

Qorta™ also offers a number of workflow tools to easily keep your driver roster current. Bulk driver list upload and custom driver groups allow you to track each driver without missing crucial information, while normalized reporting from state to state unifies reporting when different violations don’t use the same language. You’ll receive new activity alerts and email alerts if anything changes, and you can manage and update driver information at any time.

Q Transportation combines data from state MVR and federal CSA data to provide the industry’s only complete driver and carrier scorecard view that helps companies with regulated drivers act on the most current insights and changes to driver records. Qorta™ is convenient and easy to use, allowing hiring and talent management experts to make more intelligent decisions, act in a timely fashion, and create safer operations and communities.

Qorta™ Is Designed To Elevate Your Safety Culture

Qorta™ isn’t just about keeping your company secure from liability, it’s about encouraging a culture of safety and responsibility among your employees. Every time they take the wheel, their driving habits will reflect on your company culture and your standing in the community. You want to make sure that they’re conducting themselves as well on the road as they do in the office.

Qorta™ Monitoring Solutions

The Qorta™ monitoring platform includes a wide range of utilities to help you keep your drivers and your company out of the press and court.

Q License

Q License provides detailed insights into high-, medium-, and low-risk drivers — including the ability to monitor status and violations, score each driver by risk level, purchase additional records on demand, sync MVRs, and obtain electronic releases — all in one easy-to-use platform.

Q Transportation

Q Transportation pulls CSA (compliance, safety, and accountability) data into a robust scorecard view, offering you actionable information so that you can make well-informed safety decisions. Q Transportation generates carrier scorecards, driver scorecards, IRT scorecards, and tracks daily inspections and violations for regulated drivers.

Run a Safer, More Efficient Company With Qorta

In the end, driver safety is about more than just minimizing company liability in the event of an accident. Your goal as a business owner should be to ensure that your employees and your community are kept safe by verifying that everyone who drives a vehicle on behalf of your company is properly vetted and monitored. Qorta gives you that peace of mind.

Continuous Driver Monitoring: The Legal Landscape

Continuous Driver Monitoring: The Legal Landscape

 Case Study

Continuous Driver Monitoring: The Legal Landscape

Scopelitis law firm explains the legal environment surrounding driver risk exposure and the advantages of driver monitoring. 

“As a general rule, employers are vicariously liable for any motor vehicle accidents caused by their employees.”

In 2009, Eduardo Delgado, an employee of Xerox, was driving a company vehicle when he struck and killed 63-year-old Elvira Gomez in California as she crossed the street on her way home from church. Delgado was driving under the influence of alcohol at the time and had a history of at least two prior DUIs. Mrs. Gomez’s adult children and husband filed a wrongful death lawsuit against Xerox, arguing among other things that Xerox was negligent in allowing Delgado to drive a vehicle without first checking his Motor Vehicle Report (“MVR”)—a fact admitted by Xerox—which would have revealed his prior DUIs. In fact, had Xerox checked Delgado’s driving record, it would have discovered that his license was actually suspended due to his DUIs. After a lengthy trial, the case ultimately settled, with Xerox agreeing to pay Ms. Gomez’s family $5 million for their loss.

“The most common direct-liability theories in highway-accident cases are negligent hiring, negligent selection, and negligent entrustment.”

Unfortunately, the Xerox case is not an outlier; it is one of many in which companies have been forced to pay millions of dollars in damages due to accidents caused by the employees or contractors they put behind the wheel. The legal theories upon which these companies are held liable vary from case to case and from state to state, but they share some common themes.

As a general rule, employers¹ are vicariously liable for any motor vehicle accidents caused by their employees under the doctrine of respondeat superior, which imputes the conduct of the employee to his/her employer under agency principles. Of course, there could be exceptions to the rule, including, for example, if the employee is operating the vehicle outside the scope of his/her employment when the accident occurs. But generally speaking, employers—and their insurers—will be held responsible for any damages stemming from their employees’ accidents.

At the same time, an employer could also be directly liable to the injured party(ies) if the employer’s own independent negligence was the proximate cause of the injuries.² This liability is distinct from vicarious liability in the sense that the latter is premised on the employer’s master/servant relationship with its employee, whereas the former is premised on the employer’s own actions or inactions. This type of “direct” liability is at the heart of this paper, and it’s precisely the issue that Xerox faced in its lawsuit. It is also the type of liability that can open the door to punitive damages (i.e., those meant to punish the company for its egregious conduct) on top of compensatory damages already awarded to the injured party. The most common direct-liability theories in high-way-accident cases are negligent hiring, negligent selection, and negligent entrustment. Under these theories, the injured party alleges that the company was negligent in allowing its employee/subcontractor to operate a motor vehicle, and, but for that decision, the accident would never have occurred.

“Companies should be doing something to ensure the individuals who drive vehicles in connection with their employment are safe.”

Often, the company’s alleged negligence is premised on its failure to adequately vet the employee’s driving history before allowing him/her to operate a vehicle on the company’s behalf. In Xerox’s case, for example, the plaintiffs alleged that the company was negligent in failing to check its employee’s MVR, which would have revealed his prior DUIs and the fact that his license was suspended. What precisely is a company’s duty with respect to vetting its drivers before allowing them to operate a vehicle? Unfortunately, that’s a question with no definitive answer—one often left to the judge or jury to decide what a “reasonable” company would have done under the circumstances. What’s clear, however, is that companies should be doing some-thing to ensure the individuals who drive vehicles in connection with their employment are safe. And the most prudent something involves verifying the driver has a valid license and checking his/her MVR for prior violations/accidents, at a minimum. As addressed in the next section, for companies that are subject to federal and/or state motor carrier safety regulations, this is a legal requirement. But even for those who are not, it is best practice.

¹ Companies that engage independent contractors to operate motor vehicles on their behalf rather than employees may not be vicariously liable for the contractor’s operation of those vehicles, but this depends on a number of factors, including, for example, whether the state law at issue considers the operation of a motor vehicle to be an “inherently dangerous” activity and whether companies have “non-delegable duties” with respect to their operation. Additionally, pursuant to federal and state leasing regulations, motor carriers who contract with independent-contractor owner-operators are generally vicariously liable for any accidents caused by those owner-operators as a matter of law. And regardless of whether companies utilize employees or independent contractors to operate vehicle, the companies could still be directly liable for damages stemming from the companies’ own negligence.

² Some state laws, but certainly not all, provide that an employer who is vicariously liable for its employee’s conduct cannot be separately liable to the injured plaintiff under a theory of direct liability.

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