Talking and driving don't mix -- employer responsibility for business cell phone use
August, 2006
The use of cell phones in the United States is at an all time high. More and more, employers are finding cell phones to be essential tools which help boost productivity and keep their employees connected to the office and to clients.
With this increased reliance on cell phones to conduct business outside the office comes an increase risk of liability for employers. This is especially true where employees use their cell phones to conduct work-related business while they are driving. When an employee gets into a vehicle accident while using a cell phone for work-related business, both the employer and the employee may be found liable. In fact, employers in several jurisdictions have already been hit with lawsuits allegedly caused by employees driving and talking on the phone.
A recent study found that drivers who maneuver through traffic while talking on the phone are more than 5 times more likely to get into an accident than non-distracted drivers. Surprisingly, the study also found that drivers engaging in cell phone conversations can be more dangerous than drunk drivers. Whereas drunk drivers tend to be more aggressive, drivers tend to be more sluggish and have a reduced reaction time when talking on the phone. The study also showed that driver performance remained the same whether the driver was holding the phone or using a hands-free device.
Tips for Employers
To reduce their risk of liability, employers should update their employee manuals and policies to include a specific policy limiting or prohibiting the use of cell phones while driving - as well as other hand-held devices (such as Blackberries, Treos, and Palm Pilots) - for work-related purposes. To afford the most protection, the policy should prohibit employees from talking on the phone or using hand-held devices for work-related purposes while driving. The policy should further state that employees who are in an auto accident or charged with traffic violations resulting from talking on the phone or using a hand-held device while driving will be solely responsible for any resulting liability.
Where it is not practical to completely prohibit employees from using cell phones or other hand-held devices while driving, employers should adopt a policy which provides specific parameters for such use. For example:
- as much as possible, pull over and safely stop the vehicle before using the phone
- keep calls short while driving
- always dial when the car is not moving
- use speed-dialing as much as possible
- avoid looking up phone numbers while driving
- use a hands-free options as much as possible
- avoid using the phone or hand-held device in heavy traffic or bad weather
- avoid stressful or emotional conversations while driving
- keep your eyes on the road
Contact your Bullivant employment lawyer if you would like to review your company's policies regarding cell phone use while driving.