It is often said that talk is cheap, but not when it’s on a cell phone and the distraction leads to a motor vehicle collision. Throughout the country, courts are holding employers responsible for injuries to third parties caused by their employees’ negligent use of cell phones, pagers, and other electronic communication devices. A recent study revealed that cell phone users cause 2,600 deaths and 330,000 injuries each year in motor vehicle accidents in the United States. Some areas, including the State of New York and the City of Brooklyn, Ohio, have placed restrictions on cell phone use while driving.
In order to avoid potential workers’ compensation claims from employees, and negligence claims from the third parties, many employers have implemented policies restricting employee use of cell phones while driving a vehicle or operating other equipment. Obviously, employers need to weigh the value of employee use of cell phones while driving, including increased efficiency and productivity, with the potential danger of motor vehicle collisions.
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