Cotney on Fleet Management Risks Overlooked by Contractors in Western Roofing Magazine

Adams & Reese Partner and Construction Team Leader Trent Cotney authors an article in Western Roofing Magazine titled “The Risks Most Contractors Overlook.” He explains that fleet management, not jobsite incidents, represents the greatest liability exposure for many roofing contractors. 

Negligent Hiring, Driver Screening, Distracted Driving & Digital Evidence 

Cotney writes that contractors' liability begins before a vehicle leaves the yard. He states that companies must screen drivers, check motor vehicle records regularly, and enforce written driving policies. Distracted driving is now central to vehicle litigation, and electronic records such as texts, GPS data, and dashcam footage are routinely sought in discovery. Therefore, a no-texting policy is essential, as well as reinforced training and monitoring. 

Maintenance & Mechanical Exposure & Load Securement  

Maintenance and mechanical failures can contribute to accidents. Roofing contractors should ensure that preventive maintenance schedules are enforced and that formalized inspection logs are maintained. Load securement is another concern, as the transportation of cargo often happens in the roofing industry. Dislodged ladders or material bundles at highway speed can cause catastrophic harm. Cotney explains that training crews on proper tie-down procedures, along with written protocols, can help reduce risk. 

Insurance Alignment, Employment Law Intersections, Monitoring & Privacy 

Cotney warns that commercial auto insurance limits that once seemed adequate may now fall short in today’s litigation environment. Hired and non-owned auto coverage is frequently overlooked, leaving companies exposed when employees use personal vehicles for work. A comprehensive policy review with a broker who is experienced in construction risk is advisable.

Cotney also addresses employment law intersections, including DOT compliance, drug and alcohol testing, and independent contractor misclassification risks. Telematics raises privacy concerns while simultaneously improving safety and accountability. Many states regulate employee electronic monitoring, making clear written disclosures critical so employees understand what is tracked and how the information is used. 

Post-Accident Response & Regulatory Compliance 

In any accident or crash, the first moments shape the defense. Cotney explains that an immediate response for drivers should include contacting law enforcement, notifying management, gathering information, avoiding admissions of fault, and reporting the incident to the insurer. Some roofing contractors unknowingly fall within federal motor carrier definitions based on gross vehicle weight, trailer combinations, or interstate travel. Failure to comply can lead to fines and bolster negligence claims, making it important to periodically review vehicle classifications and verify regulatory assumptions.

A Strategic Approach

The high-risk reality of roofing does not end when the crew climbs down. It continues beyond the jobsite, carrying over to every mile traveled on the road. Cotney concludes that fleet management risk demands a structured approach built on written policies and documented training. 

The full article is available on Western Roofing Magazine.