More than 80% of the nation's 94 million cell phone owners use them while driving, at least sometimes.
Many states have legislation to regulate cell phone use in moving vehicles. At least 13 nations, including England, Germany and Japan, have banned the use of cell phones in cars.
In the past few years, cell phone usage has been an issue in several lawsuits, and employers are being
held responsible if a worker causes an accident while talking on the phone. Cell phone usage is a
distraction while driving, like a lot of other things. So why are employers worried?
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Cell phone records can be subpoenaed to prove the employee was on the phone.·
were distracted and not driving safely.
Other distractions cannot be identified to a specific time, and many drivers don’t want to say they·
For example, in 2000, a lawyer struck and killed a teenage girl in Virginia. The attorney who was returning
from a work meeting was allegedly talking on her cell phone with a client at the time of the accident. The
deceased’s family filed a $30 million lawsuit against the employer. In October 2004, the jury awarded $2
million in damages to the family of the young girl. Plaintiff's lawyer filed suits against both the driver and
the driver's employer after it became clear through an examination of phone records that the driver had
been talking to a client when she hit the girl.Interestingly, the distraction problem does not seem to exist with twoway radios, which are as much a
staple of contractors as cell phones. This is because those calls are usually much shorter. However;
some states that ban hand held phones may consider twoway radios the same. Check with your state’s
regulations on the use of twoway radios.
For protection, companies should consider establishing a written policy that employees must read and
sign restricting use of cell phones. The restriction should include the use of handsfree headsets, since
studies indicate it’s the conversation not the physical act of holding the phone that contributes to accidents.An insurance company’s sample policy states:
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Cellular phones should not be used while operating a vehicle.·
Allow voice mail to handle your calls. Return the calls and messages when you are not driving.·
If you need to place a call or send a text pull off the road to park in a legal and safe location.·
Ask a passenger to make or take the call.·
Inform regular callers of your driving schedule and when you will be available to talk.· Keep your hands on the wheel and your eyes and mind on the road while driving.Develop a policy that works for your company. Be aware of what is going on around you while driving.
Parts of this were taken from CNA Insurance Company. http://www.cna.com/
If you have questions about coverages or need auto insurance, contact Goen & Goen Insurance at http://www.goen-goen.coom/
Liability cases against employers from cell phone use by employees.
